2 total
Reconsideration request dismissed; no error of law or fact in finding no accident occurred.
The applicant sought reconsideration of a preliminary issue decision which found she was not involved in an 'accident' under the Statutory Accident Benefits Schedule.
The applicant argued the Tribunal erred in its application of the purpose and causation test regarding a natural gas explosion following a vehicle collision, and sought to introduce new medical evidence.
The Tribunal dismissed the request, finding no error of law or fact, and held that the new evidence could have been obtained previously and would not have changed the outcome.
Applicant who witnessed aftermath of collision and subsequent house explosion was not involved in an accident.
The applicant sought statutory accident benefits for psychological impairments after a vehicle struck a neighbour's house, causing a natural gas explosion that destroyed multiple homes including hers.
The respondent denied benefits on the basis that the applicant was not involved in an automobile accident.
The Tribunal found that the applicant only witnessed the aftermath of the collision and was not directly involved in the automobile accident.
As she did not meet the definition of an 'insured person' under section 3(1) of the Schedule, the application was dismissed.
