The worker was injured in a motor vehicle accident during the course of her employment and elected to receive workers' compensation benefits.
She later sought to withdraw her claim to pursue a civil action against the alleged tortfeasor.
The Workplace Safety and Insurance Board required her to agree to reimburse the benefits paid to her as a condition of re-election.
The application judge held that the Board could not require reimbursement because the Insurance Act removed its right of subrogation.
The Court of Appeal allowed the appeal, holding that the arrangement between the Board and the worker was not subrogation, and the Board retained the right to require reimbursement directly from the worker to prevent double recovery.
