West Nile virus not an ‘accident’Construction worker who was paralyzed after being bitten by mosquito while at work denied $130,000 insurance claim by Ontario court04/12/2006|Canadian Employment Law Today Is a mosquito bite an accident? That’s the question an Ontario Superior Court of Justice judge was facing in a recent case involving a worker who contracted the West Nile virus after being bitten by a mosquito.Ryszard Kolbuc was left paralyzed from the waist down from the virus after being bitten by a mosquito sometime in September 2002 while applying stucco to the outside of houses and buildings. When he was bit, Kolbuc was a healthy 52-year-old. His evidence, which was uncontradicted, was that the material he used in the course of his employment had a smell that attracted mosquitoes.At the time he was bitten, Kolbuc was insured through his union with Ace Ina Insurance under a group accident policy. At issue in this case was whether his injury was caused by an “accident” as defined in the policy. To Read the Full Story, Subscribe or Sign In Remember Me Forgot Password If you are a current Subscriber, please click here to set-up or update your login information.