ICBC is not liable to pay any Part VII benefits if the claimant is eligible for WorkSafe coverage
Section 82 of the Regulations states that ICBC is not liable to pay any Part VII benefits if the claimant is eligible for WorkSafe coverage. This Regulation applies even if the claimant elects to pursue ICBC coverages and not WorkSafe coverages. The one exception to this rule is if the Part VII coverage would supplement WorkSafe coverages by paying for rehabilitation and/or medical expenses that WorkSafe will not, you can case the part VII benefits, in practice, however, this is a rare event as the WorkSafe coverages are broad when it comes to medical and rehabilitation expenses.
An example of potential coverage is where a claimant is unable to take public transportation due to severe disability (e.g. quadriplegic) and ICBC agrees to provide funds for the purchase of a wheelchair accessible vehicle.
Additionally, the Courts have held that where WorkSafe has terminated a claim and refused to pay further benefits, the claimant can then turn to his/her ICBC Part VII coverage and ICBC is obliged to pay. In other words, the injured worker is not required to appeal a WorkSafe ruling before being entitled to claim Part VII benefits. In practice, though, if WorkSafe is denying further coverage you can almost guarantee the ICBC adjuster will do the same thing.