The claimant slipped and fell on black ice in a parking lot as she was trying to open the driver’s side door. The claimant applied for accident benefits, which was denied as her insurer took the position that the claimant was not involved in an accident. Adjudicator Kaur held that the incident did not meet the definition of an “accident”. Adjudicator Kaur found that the claimant’s injuries were not a consequence directly caused by the use of operation of the automobile. Instead, her injuries were caused by an intervening cause, which was the ice on the ground. Adjudicator Kaur found that the ice that initiated the slip and fall led to the claimant’s injuries, not the use of operation of her automobile, and while the vehicle was physically near the ice, it did not cause the slip and fall.
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