The issue before the LAT was whether the claimant was involved in an accident. Adjudicator Farlam dismissed the claimant’s application finding that the claimant was not involved in an accident as defined by the SABS. The claimant submitted that he sustained physical and psychological injuries when he had to move out of the way of a driver’s vehicle. According to the claimant, the driver of the vehicle was swerving while backing down a ramp and the claimant thought the driver was attempting to hit him. The claimant jumped out of the way of the vehicle, and alleged that he hurt his right knee and back suffered an exacerbation of his pre-existing psychological issues. Adjudicator Farlam agreed with Wawanesa that this incident did not constitute an accident. With respect to the purpose test, Adjudicator Farlam noted that the claimant’s EUO evidence was inconsistent with his evidence before the LAT. At his EUO, the claimant testified that he was aware the driver was planning to reverse down the ramp and he made a quick motion to get out of the way. There was no evidence that the claimant fell or was struck by any part of the vehicle. Adjudicator Farlam also found that the there was no credible objective evidence that the driver attempted to hit the claimant. As Adjudicator Farlam found that the accident did not met the purpose test, she noted that she did not need to address the causation test.
