The applicant sought statutory accident benefits after tripping over a forklift tine while walking towards her parked vehicle and using her key fob to unlock it.
The respondent denied the claim on the basis that the incident was not an 'accident' under s. 3(1) of the Statutory Accident Benefits Schedule.
The Tribunal found that the incident did not meet the purpose test, as walking towards a vehicle and unlocking it with a key fob does not constitute the use or operation of an automobile.
Furthermore, the Tribunal found that the causation test was not met, as tripping over the forklift tine was an intervening act that broke the chain of causation.
The application was dismissed.
