2 total
Burn injuries from a garage fire during vehicle repairs constitute an 'accident' for statutory accident benefits.
The applicant suffered severe burns when gasoline spilled from his taxi's gas tank during repairs at a garage and ignited.
The insurer denied statutory accident benefits, arguing the fire was an independent intervening act that broke the chain of causation from the vehicle's repair.
The arbitrator found that the injuries were directly caused by the use or operation of the vehicle, as the repair process set in motion an unbroken chain of events leading to the fire.
The presence of fire hazards in a garage was considered a normal incident of the risk created by repairing a vehicle.
The applicant was deemed to have been injured in an 'accident' under the Schedule and was awarded expenses for the preliminary hearing.
Applicant found to lack mental capacity; son appointed to act on his behalf in dispute resolution.
The applicant, who sustained a closed head injury in a motor vehicle accident, applied for statutory accident benefits.
A preliminary issue hearing was held to determine whether the applicant had the mental capacity to proceed in the dispute resolution process and, if not, whether his son should be appointed to act on his behalf.
The arbitrator found that the applicant lacked the mental capacity to proceed, relying on capacity assessments and the applicant's demeanor at the hearing.
The arbitrator appointed the applicant's son to proceed in the dispute resolution process and to receive and administer statutory accident benefits on his behalf.
