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Mechanic injured by falling vehicle denied accident benefits; hoist malfunction broke chain of causation.
The applicant, a self-employed auto mechanic, was injured when a vehicle he was inspecting fell from a hoist due to a mechanical failure.
He sought statutory accident benefits, but the respondent denied the claim on the basis that the incident was not an 'accident' under s. 3(1) of the Schedule.
The Tribunal found that while the purpose test was met, the causation test failed because the malfunctioning hoist was an intervening act that broke the chain of causation.
The application was dismissed.
Carjacking and dog bite injuries while waiting in vehicle do not constitute an accident for statutory accident benefits.
The applicant, an Uber driver, was waiting in his vehicle when he was assaulted by an unidentified man and bitten by a dog during a carjacking.
He applied for statutory accident benefits.
The respondent denied the claim on the basis that the incident was not an 'accident' under section 3(1) of the Statutory Accident Benefits Schedule.
The Tribunal found that while the purpose test was met, the causation test was not.
The use or operation of the automobile was not the direct cause of the injuries; rather, the assault and dog bite were an intervening act and the dominant feature of the incident.
