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Slip and fall while walking to dispose of garbage after brushing snow off car is not an accident.
The respondent insurer brought a preliminary issue motion to determine whether the applicant's slip and fall incident qualified as an accident under the Statutory Accident Benefits Schedule.
The applicant had brushed snow off her car, left the engine running, and was walking to dispose of garbage when she slipped and broke her wrist.
The Tribunal applied the purpose and causation tests, finding that the use or operation of the vehicle did not directly cause the impairment.
The Tribunal concluded the incident was not an accident and dismissed the application for statutory accident benefits.
Slip and fall in parking lot after exiting vehicle is not an accident under the Schedule.
The applicant sought statutory accident benefits after slipping and falling on ice in a parking lot after exiting a borrowed minivan.
The respondent insurer denied the claim on the basis that the incident was not an 'accident' under the Statutory Accident Benefits Schedule.
The Tribunal applied the purpose and causation tests to determine if the injuries arose out of the use or operation of an automobile.
The Tribunal found that the applicant had completed his use of the vehicle and was walking away when he fell, failing the purpose test.
Furthermore, the slip and fall on the icy parking lot constituted an intervening act that broke the chain of causation.
The application was dismissed.
Insurer examinations found reasonable but conditional on medical clearance; interim benefits denied.
The parties brought cross-motions in an arbitration for income replacement benefits following a motor vehicle accident.
The insurer sought a production order and an order compelling the applicant to attend five insurer examinations.
The applicant sought interim income replacement benefits, alleging the insurer failed to comply with termination provisions.
The arbitrator granted the production order and found a reasonable relationship between the requested assessments and the issues in dispute, but required the applicant to obtain medical clearance from his family physician and cardiologist before proceeding due to his recent heart attack.
The applicant's motion for interim benefits was dismissed, as the insurer's termination notice was found to be compliant.
