A written hearing was held to determine whether the claimant was involved in an accident as defined in s. 3(1) of the SABS. The parties agreed that the claimant sustained injuries when he slipped on ice as he was exiting his vehicle and fell to the ground on his left side. The insurer disputed the allegation that the claimant also hit his right shoulder on the vehicle during the fall. The claimant used his vehicle to pull himself to a standing position after the fall. The insurer conceded that the slip and fall satisfied the purpose test. Adjudicator Lake found that the claimant failed to establish that the incident satisfied the causation test. It was found that the icy parking lot was an intervening cause and not a foreseeable risk of motoring, which broke the chain of causation between the use and operation of the vehicle and the fall that resulted in injuries. Adjudicator Lake found that the claimant was not involved in an accident as defined by the SABS. The application was dismissed.
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