G.S. v. Wawanesa Mutual Insurance Company (16-003963)

The claimant sustained injuries when he was assaulted in a parking lot. During the assault, the claimant managed to get into his car and turn the engine on. The claimant applied for accident benefits. The insurer took the position that the incident was not an “accident” as defined in the SABS. Adjudicator Neilson dismissed the application and held that the claimant had not been involved in an accident. She concluded that it was the assault that caused the claimant’s injuries and subsequent impairments. The assault was an intervening act, and the use or operation of his or any other vehicle had not directly caused his impairments.