The respondent insurer requested reconsideration of a Licence Appeal Tribunal decision finding that the applicant was involved in an 'accident' under the Statutory Accident Benefits Schedule.
The applicant had been injured while driving an ATV that collided with a tree on private property, though she had travelled on a public roadway for part of the trip.
The adjudicator granted the reconsideration request, finding that the original panel made an error of law by distinguishing binding appellate authority (Copley and Bouchard) on superficial factual grounds without addressing the underlying legal principles regarding the 'time and circumstances' of the accident.
The original decision was cancelled and a rehearing before a new adjudicator was ordered.
