The claimant was involved in an “incident” as an Uber driver in which he was verbally assaulted by passengers who kicked his vehicle upon exiting. The driver claimed accident benefits based on allegations of psychological injuries and a knee injury as a result of his knee hitting the steering wheel as he swerved away from the aggressive passengers. The insurer denied the claim for accident benefits on the basis that the alleged impairments were caused by the assault and not an “accident” under the SABS. A preliminary issue hearing was held to determine whether the claimant was involved in an “accident” as defined in s. 3(1) of the SABS. Adjudicator Farlam found that the use or operation of a vehicle was not the dominant feature of the alleged injuries. The dominant feature of the injuries was the assaults. Adjudicator Farlam found that the incident did not meet the causation test, and any injuries sustained as a result of the incident did not result from an “accident” as defined by the SABS. The claimant’s LAT application was dismissed.
