The applicant was injured in a motor vehicle accident and initially received workers' compensation benefits.
The Workers' Compensation Board later determined he was an executive officer, not a worker, and assessed an overpayment.
The insurer brought a preliminary issue arguing it was relieved of responsibility to pay statutory accident benefits under section 20 of the Schedule because the applicant was entitled to workers' compensation benefits.
The arbitrator dismissed the preliminary issue, finding that the Board's exclusive jurisdiction to determine eligibility meant the insurer could not rely on section 20 to avoid liability at this stage.
