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Slip and fall on ice after filling tire with air constitutes an accident under SABS.
The appellant insurer appealed an arbitration decision finding that the respondent was involved in an 'accident' under the Statutory Accident Benefits Schedule.
The respondent slipped and fell on icy pavement at a gas station while walking back to his car after filling a tire with air.
The Director of Arbitrations dismissed the appeal, upholding the arbitrator's finding that the use or operation of the automobile was the dominant feature of the incident and that the icy pavement did not break the chain of causation.
Slip and fall on ice after filling tire with air constitutes an accident for statutory benefits.
The applicant was injured when he slipped and fell on ice at a gas station after filling his car's tire with air.
He applied for statutory accident benefits, which the insurer denied on the basis that the incident was not an 'accident' under the Schedule.
The arbitrator found that the applicant was engaged in the ordinary activity of maintaining his vehicle, and the icy pavement was a subsequent contributing cause that did not break the chain of causation.
The arbitrator concluded that the use or operation of the automobile was the dominant feature of the incident, and therefore it met the definition of an 'accident'.
