The applicant was pregnant when she was involved in a motor vehicle accident.
Her son was born prematurely shortly after.
The applicant claimed statutory accident benefits on behalf of her son.
The insurer denied the claim on the basis that a fetus is not an 'insured person' under the Statutory Accident Benefits Schedule.
On a preliminary issue hearing, the arbitrator held that the common law legal fiction applying to children en ventre sa mere extends to statutory accident benefits.
A child injured in utero who is subsequently born alive is an 'insured person' entitled to claim medical and rehabilitation benefits.
