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Application for accident benefits dismissed; witnessing spouse's injuries in hospital is not an 'accident'.
The applicant sought statutory accident benefits for psychological impairments sustained after observing her spouse's serious injuries in the hospital following a pedestrian-vehicle collision.
The respondent denied the claim, arguing the applicant was not involved in an 'accident' as defined in the Schedule.
The Tribunal applied the Greenhalgh test and found that the incident causing the applicant's impairment was the aftermath at the hospital, not the collision itself.
As the impairment did not arise out of the use or operation of an automobile, the applicant was not involved in an 'accident' and the application was dismissed.
