The claimant was injured while crossing an intersection in downtown Toronto late at night. He sustained soft tissue injuries and a fractured clavicle. The Fund argued that no vehicle was involved in the incident, and the claimant was therefore not entitled to accident benefits. The claimant argued there was a vehicle that struck him, though he could not provide any details. Adjudicator Norris held that the claimant failed to prove that a vehicle was involved, and that the claimant was not entitled to accident benefits. The claimant only recalled “something” hitting the back of his leg and that he fell to the ground and lost consciousness. The police did not create an accident report when the claimant reported the incident because the police did not have enough detail, nor was the claimant’s reporting consistent with a motor vehicle accident. The hospital records failed to establish the involvement of a vehicle. At least three times the incident was noted as a fall or a syncopal episode. The claim was dismissed.
Menu