The claimant was involved in an incident when she was shovelling her parking spot, which led to physical injuries. She applied to the insurer for accident benefits. The insurer denied payment of benefits on the basis that the incident did not fall under the definition of “accident” in the SABS. The incident was described as follows: the claimant moved her vehicle from her parking spot to the throughway in order to shovel her parking spot; halfway through shovelling, she decided to throw salt onto the parking spot; the salt was stored in the trunk of her car, which was parked with the engine off; while walking toward the trunk of her car, she fell and injured her back; the claimant did not make contact with her vehicle when falling. Adjudicator Manigat applied the “purpose and causation” test, and found that the claimant was not entitled to accident benefits as the injuries she sustained were not from an “accident” as defined in the SABS.
Menu