Applicant v. Aviva Insurance (16-000218)

This preliminary issue hearing was held to address whether the claimant was involved in an “accident” as defined in the SABS. The claimant (a minor with developmental disabilities) was inadvertently locked on a school bus for two hours, causing the claimant to become anxious and frightened. She applied for accident benefits to treat psychological injuries. The insurer argued that the incident was not an “accident”. Adjudicator Ruth Gottfried concluded that both the purpose and the causation test were met, and that the claimant’s impairments arose from the school bus being used in its undisputed ordinary and well-known purpose. The incident therefore qualified as an “accident”.