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Appeal dismissed; appellant ineligible for accident benefits after receiving workers' compensation benefits.
The appellant was injured in a motor vehicle accident in the course of his employment.
He initially received statutory accident benefits, then elected to receive workers' compensation benefits, and later re-elected to pursue a tort action and re-applied for accident benefits.
The arbitrator held that the appellant did not meet the conditions for receipt of statutory accident benefits under section 21 of the Statutory Accident Benefits Schedule because he had already received workers' compensation benefits.
The Director's Delegate dismissed the appeal, confirming that the appellant was excluded from receiving further accident benefits.
The Delegate also rejected the appellant's argument that a binding settlement had been reached, finding that the insurer's settlement offer expired when the arbitrator's decision was issued.
