The claimant was injured when he slipped and fell on ice while attempting to retrieve his car key from his bag. He suffered a displaced spiral fracture of his fibula. The claimant applied to the insurer for accident benefits. The insurer denied that an accident occurred. The claimant applied to the LAT and the matter went to a preliminary issue hearing about whether an accident occurred. Adjudicator Gosio found that the incident met the “but for” test and that the claimant was in the continuous process of getting into his vehicle when he slipped on ice. Adjudicator Gosio held that the slip and fall on ice was not an intervening event as it was not as though the claimant was walking outside aimlessly. He was standing beside his vehicle retrieving his keys to open the door when he fell. Adjudicator Gosio held that the dominant feature of the incident was the claimant’s attempt to get into his vehicle and therefore the incident met the “accident” definition in the SABS.
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