The applicant's spouse died in a motor vehicle accident.
The insurer paid the applicant a $50,000 spousal death benefit under section 11(2)(a) of the Statutory Accident Benefits Schedule, but denied his claim for an additional $20,000 dependant death benefit under section 11(2)(c).
The arbitrator held that the spousal and dependant death benefits are not mutually exclusive, and a spouse may claim both if they meet the criteria for financial dependency.
However, after analyzing the family's income and expenses, the arbitrator found that the applicant was not principally dependent for financial support on his deceased spouse at the time of the accident.
The claim for the dependant death benefit was dismissed, but the applicant was awarded his arbitration expenses.
