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Physical contact with vehicle not required for an accident if operation directly caused impairment.
The applicant sought statutory accident benefits after fracturing his hip in a fall at an intersection.
He alleged he was startled and fell when a turning bus nearly struck him in a pedestrian crosswalk.
The insurer denied benefits, arguing no 'accident' occurred because there was no physical contact between the bus and the applicant.
The Arbitrator found that physical contact is not required if the use or operation of the vehicle directly caused the impairment.
The Arbitrator concluded that the approaching bus startled the applicant, causing him to lose his balance and fall, thereby meeting the definition of an 'accident' under section 2(1) of the Schedule.
