Cannonball! FSCO Confirms That Using A Truck As A Diving Platform Is Not An "Accident"

Director's Delegate Evans recently released the appeal decision in Intact Insurance Company v. Roberts (FSCO Appeal PO16-00009). The claim arose following an incident whereby the claimant was partying with friends when she dove off the back of a pick-up truck into a shallow lake, completely severing her spinal cord. She applied to Intact for accident benefits, however, Intact denied the claim on the basis that the claimant was not involved in an "accident".

The arbitrator initially found that the claimant's injuries arose from an "accident" as defined in the Statutory Accident Benefits Schedule – Effective September 1, 2010 (SABS). He determined that the evidence established that the claimant jumped off the tailgate of the truck into the lake. The arbitrator also considered the "purpose" and "causation" tests and made the following findings: (1) He found that the truck was being used in a manner consistent with its design ie. the claimant and her friends