The insurer denied entitlement to accident benefits based on the facts of loss. The claimant had parked her vehicle at a mechanic’s garage in order to have a emissions test performed. She pulled into the service bay, turned offer her engine, left the keys in the vehicle and exited her vehicle. She then spoke with an attendant beside her vehicle and was handed a clipboard. While walking around her vehicle to the waiting area she tripped on netting and fell, fracturing her foot. Adjudicator Boyce concluded that the claimant was not involved in an accident because the use of her vehicle was not the direct cause of the claimant’s injuries and the netting on which she tripped was an intervening cause.
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