The claimant was employed at the time of MVA and received Workers Safety Insurance Benefits (“WSIB”). And, subsequently, the claimant elected to opt out of the WSIB benefits and instead elected to pursue (a) a lawsuit (“tort action”) against the unidentified driver.
Under s.61 of the SABS, if a claimant makes an election under the WSIB legislation to sue in court instead of claiming WSIB benefits, the automobile insurer must pay benefits provided that the election “was not made primarily for the purpose of claiming accident benefits.”
