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Sterling v. Heartland Farm Mutual Inc. (20-000672)

  • May 13, 2021

The claimant sought entitlement to accident benefits after an incident in which she experienced intense neurological pain in her back and loss of sensation in her right leg and foot while pressing her foot onto the accelerator. Prior to starting the vehicle, the claimant had lifted her 30 pound son into his car seat. Vice Chair Boyce held that the incident qualified as an accident. Regarding the purpose test, the claimant lifting her son into his car seat and pressing on the accelerator were ordinary and well-known activities for which automobiles were used. Regarding the causation test, there was limited evidence about any intervening or distinct activity that was not part of the ordinary course of things. The claimant likely suffered reinjury to an earlier disc injury due to her use of her car.

Full decision here

TGP Analysis

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  • FILED UNDER Accident Definition
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