The claimant appealed the Tribunal’s decision that he was not involved in an accident. He suffered injuries when responding to a fatal collision between a transport truck and tractor-trailer. The claimant was called to the scene to clean up the industrial spill. The fumes from the chemicals caused him to suffer a collapsed lung requiring surgery. He also suffered psychological injuries as a result of seeing the aftermath of the fatal accident. The Court affirmed the Tribunal’s decision that the claimant was not involved in an accident. The Tribunal correctly applied the purpose and causation test. With respect to the purpose test, the Tribunal concluded that the incident involving he claimant (as opposed to the drivers in the collision) did not result from the ordinary and well-known activities to which automobiles are put. By the time the claimant arrived at the scene the vehicles were non-operational and on fire. With respect to the causation test, the use and operation of the vehicles did not cause the claimant’s injuries. Rather, it was the presence of toxic chemicals on the road, and the claimant’s observations of the deceased that led to the claimant’s impairments. The Court also noted that many of the alleged errors identified by the claimant were factual findings made by the Tribunal, and not open to review on appeal.
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