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Slip and fall in a parking lot while retrieving a wiper blade is not an 'accident' for statutory accident benefits.
The applicant sought statutory accident benefits after slipping and falling on ice in a Canadian Tire parking lot while walking back to her vehicle to retrieve a broken windshield wiper blade for replacement.
The insurer denied benefits on the basis that the incident was not an 'accident' under the Statutory Accident Benefits Schedule.
The arbitrator found that the fall did not arise out of the use or operation of an automobile, and even if it did, the use or operation did not directly cause the impairment.
The application for arbitration was dismissed.