The applicant sought statutory accident benefits after being struck by a bicycle while walking away from his friend's parked van, having just retrieved a package from it.
The insurer denied the claim on the basis that the incident did not meet the definition of an 'accident' under the Statutory Accident Benefits Schedule.
The arbitrator held that while retrieving a package is an ordinary activity attached to automobile use, the direct cause of the injuries was the bicycle, which constituted a new and independent intervening force.
The applicant's proximity to the vehicle was merely coincidental.
The claim for accident benefits was dismissed.
