The applicant sought a non-earner benefit following a motor vehicle accident.
The insurer raised a preliminary issue, arguing the applicant was barred from proceeding because he failed to submit an OCF-10 form electing between an income replacement benefit and a non-earner benefit.
The Tribunal found that the applicant's initial application created ambiguity regarding his entitlement, triggering the insurer's duty under s. 35 of the Schedule to require an election.
Because the applicant failed to submit the OCF-10, his application was incomplete, and the Tribunal lacked jurisdiction to adjudicate the non-earner benefit claim.
