John Groves

The applicant sought statutory accident benefits following a motor vehicle accident, specifically claiming income replacement benefits (IRBs) and a medical benefit for physiotherapy.

The respondent denied the benefits and sought repayment of IRBs previously paid.

The Tribunal found the applicant was entitled to IRBs for the period of June 5, 2018, to November 30, 2018, as she demonstrated a substantial inability to perform the essential tasks of her employment.

However, she did not meet the post-104-week test for IRBs thereafter.

The Tribunal also approved the physiotherapy treatment plan as reasonable and necessary.

Finally, the Tribunal ordered the applicant to repay $1,975.64 in IRBs that were paid in error after she had returned to work, as the respondent provided timely notice of the overpayment.

The applicant sought statutory accident benefits after sustaining injuries in a parking lot while waiting for an Uber.

The applicant had no memory of the incident, but emergency reports indicated a slip and fall.

The adjudicator held a preliminary issue hearing to determine if the incident met the definition of an 'accident' under section 3(1) of the Schedule.

Applying the purpose and causation tests, the adjudicator found no evidence that a vehicle was present or involved in the incident.

The application was dismissed as the incident was a slip and fall, not an accident arising from the use or operation of an automobile.