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Claimant denied workers' compensation for failing to prove injury cannot subsequently claim statutory accident benefits.
The respondent was injured while working as a parking lot attendant and applied for workers' compensation benefits, which were denied due to a lack of medical documentation showing personal injury.
He then sought statutory accident benefits from his automobile insurer.
The insurer denied the claim on the basis that the respondent was entitled to workers' compensation benefits.
The Arbitrator found the respondent could proceed with his claim for statutory accident benefits.
On appeal, the Director's Delegate reversed the decision, holding that the respondent's failure to prove personal injury before the Board did not entitle him to claim statutory accident benefits, as the Board had exclusive jurisdiction over the workplace accident.
Judicial review dismissed; Fund not required to pay accident benefits where claimant's application lacked nexus.
The applicant insurer sought judicial review of a Director's Delegate decision which upheld an arbitrator's finding that the Motor Vehicle Accident Claims Fund was not required to pay statutory accident benefits.
The arbitrator found no nexus between the claimant and the Fund, concluding the claimant's choice to apply to the Fund was arbitrary.
Applying a reasonableness standard of review, the Divisional Court upheld the decision, noting the claimant provided no rational basis for applying to the Fund.
The application for judicial review was dismissed.
