Laila Khalil

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.

The application was dismissed.

The applicant was injured in a motor vehicle accident and sought statutory accident benefits.

The respondent denied benefits, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG).

The Tribunal found that the applicant suffered from chronic pain syndrome with functional impairment, removing him from the MIG.

The Tribunal ordered the respondent to pay for a chronic pain assessment and a psychological assessment, finding them reasonable and necessary.

The applicant's claim for an award for unreasonable delay was dismissed, but interest on overdue payments was granted.