Regulation 82 states that ICBC is not liable to pay any Part VII benefits if the injured person, or the family of someone killed in an accident, is entitled to WCB coverage. This Regulation applies even if the person or family elects not to claim WCB. The one exception to this rule is if the Part VII coverage would supplement WCB by paying for things that WCB will not, which is possible but uncommon.
For example, if an individual is left unable to take public transportation, ICBC may provide funds for the purchase of a Vehicle. If WCB does not provide funds for this, then the Part VII coverage should be available, as well.
Additionally, the Courts have held that where WCB has terminated a claim (that is, refused to pay further benefits), the injured person can then turn to his or her ICBC Part VII coverage and ICBC is obliged to pay. In other words, the injured worker is not required to appeal a WCB ruling before being entitled to claim Part VII benefits.
