2 total
Slip and fall on ice while exiting a vehicle is not an 'accident' under the Schedule.
The applicant sought statutory accident benefits after slipping and falling on ice in a parking lot while in the process of exiting his vehicle.
The respondent denied the claim on the basis that the incident did not meet the definition of an 'accident' under the Statutory Accident Benefits Schedule.
The Tribunal found that while the incident satisfied the purpose test, it failed the causation test because the icy parking lot was an intervening act and not a foreseeable risk of motoring.
As the incident was not an accident, the applicant was not entitled to benefits or an award for unreasonable delay.
The application was dismissed.
Applicant found catastrophically impaired with 65% combined WPI; most retroactive expense claims dismissed for improper submission.
The applicant was injured in a motor vehicle accident and sought a determination of catastrophic impairment under the Statutory Accident Benefits Schedule.
The arbitrator found that the applicant sustained a catastrophic impairment under both the 55% whole person impairment (WPI) threshold (clause 2(1.2)(f)) and the marked impairment threshold for mental or behavioural disorders (clause 2(1.2)(g)).
The arbitrator accepted the applicant's physical impairment rating of 48% WPI and assessed her mental and behavioural impairment at 33% WPI, resulting in a combined 65% WPI.
The arbitrator also found a marked impairment in three of four functional spheres.
Regarding the claimed expenses totaling $83,417.90, the arbitrator awarded only $1,925.00 for a mental health assessment, dismissing the remainder because they were not properly submitted through the HCAI system as required by the Schedule.
