G.R. v. Economical Mutual Insurance Company (18-010779)

The claimant fell and sustained injuries while clearing snow off of his parked vehicle. The insurer raised a preliminary issue regarding whether the incident met the definition of an “accident” as defined under section 3(1) of the SABS. Adjudicator Grant concluded that the claimant was involved in an “accident” as defined by the SABS, and as such, was entitled to claim accident benefits. Adjudicator Grant found that the incident arose out of the use or operation of a vehicle, and that the use or operation of the vehicle directly caused the impairment. In doing so, he noted that cleaning snow off a vehicle met the definition of “normal and ordinary use” and that the fall did not constitute an intervening act.