Sonia S. Fabiani

The respondent insurer requested a reconsideration of an adjudicator's decision finding that the applicant's fall while cleaning snow from his parked vehicle constituted an 'accident' under the Statutory Accident Benefits Schedule.

The Associate Chair dismissed the request for reconsideration, holding that under Rule 18.1 of the Tribunal's Common Rules of Practice and Procedure, reconsiderations are only accepted for decisions that finally dispose of an appeal.

Because the preliminary issue decision was only one step in determining the claim and did not finally dispose of the appeal, the reconsideration request was dismissed.

The applicant's husband fell from his wheelchair while disembarking from a transit van, sustaining a concussion and severe back pain.

Due to the uncontrolled pain from the fall, he refused his life-sustaining dialysis treatments and subsequently died.

The applicant sought death and funeral benefits under the Statutory Accident Benefits Schedule.

The Licence Appeal Tribunal applied the 'but for' causation test and found that the fall directly caused the uncontrolled pain, which in turn caused the refusal of dialysis and resulting death.

The Tribunal ordered the insurer to pay the death and funeral benefits.