Peter G. Keith

The respondent cyclist was injured when struck by a beer bottle thrown by the driver of a passing pickup truck.

The Arbitrator found the incident was an 'accident' under the Statutory Accident Benefits Schedule, relying on an engineering report that the truck's speed contributed to the bottle's impact.

On appeal, the Director's Delegate revoked the decision, holding that the incident was an assault, not an accident.

The use or operation of the truck was not the direct cause of the impairment, but merely provided a platform and means of escape for the assailant.

The applicant was riding his bicycle when he was struck in the face by a beer bottle thrown by the driver of a passing pickup truck.

The insurer denied statutory accident benefits on the basis that the incident was an assault, not an 'accident' under the Schedule.

The arbitrator found that the moving truck was not merely a platform for the assault, but that its velocity significantly contributed to the force of the bottle shattering on the applicant's face.

The arbitrator concluded that the use and operation of the truck directly caused the injuries, and therefore the incident met the definition of an accident.