The appellant was injured in a work-related automobile accident and initially elected to receive workers' compensation benefits.
After his workers' compensation benefits were cancelled, he attempted to re-elect to sue the at-fault driver and claim statutory accident benefits from the respondent automobile insurer.
The Director's Delegate held that while the legislation permits an injured worker to re-elect after receiving workers' compensation benefits, the appellant's re-election was invalid because it was made primarily for the purpose of claiming accident benefits after his workers' compensation claim was denied.
The appeal was dismissed.
