The applicant sought statutory accident benefits after slipping and falling on ice at a gas station.
He had finished refueling his vehicle, left it parked at the pump, and was walking back to his car after paying inside the convenience store when he fell.
The insurer denied benefits on the basis that the incident was not an 'accident' under the Schedule.
The arbitrator applied the two-part test and found that the incident did not arise out of the ordinary use or operation of an automobile, and even if it did, the use or operation did not directly cause the impairment.
The slip and fall on ice was an intervening event.
The application for arbitration was dismissed.
