The respondent insurer requested a reconsideration of a preliminary decision which found that the applicant was involved in an 'accident' under the Statutory Accident Benefits Schedule.
The applicant had slipped and fallen on an icy driveway while walking to a waiting Lyft rideshare vehicle.
The insurer argued the Vice-Chair erred in applying the purpose and causation tests, specifically by conflating the tests and misapplying the intervening cause analysis regarding the weather.
The Vice-Chair dismissed the request for reconsideration, finding no errors of law or fact that would have altered the conclusion that the use and operation of the vehicle was a direct cause of the injuries.
