The claimant was struck on the head by an unidentified cyclist travelling on the sidewalk while she was taking something out of her work vehicle. She sought accident benefits. The insurer argued that the facts of loss did not qualify as an accident. Adjudicator Hans concluded that the incident was an accident for the purposes of the SABS. Both parties agreed that the purpose test was satisfied. Regarding the causation test, Adjudicator Hans concluded that the incident satisfied each of the “but for,” “intervening act,” and “dominant cause” considerations.
Menu