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R.D. v. Wawanesa Mutual Insurance Company (16-001535)

  • September 28, 2017

The deceased claimant had been involved in a motor vehicle accident in which his car rolled over and the airbags deployed. He did not seek medical attention at the scene, and met his brother-in-law at an auto repair shop. Shortly after arriving at the auto repair shop, the claimant was found unresponsive. He was taken to hospital and declared deceased shortly upon arrival. The cause of death was determined to be an artery blockage. The claimant’s wife and children sought death benefits; the insurer denied that the accident was the cause of the claimant’s death. Adjudicator Gottfried concluded that the claimant’s death had arisen from the direct use and operation of a vehicle. In particular, the adjudicator noted that stress from the accident was noted to be a contributing factor to the claimant’s death, and that there was no intervening event that broke the chain of causation. Death benefits were awarded to the wife and children.

Full decision here

TGP Analysis

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  • FILED UNDER Accident Definition, Death Benefit
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