The Motor Vehicle Accident Claims Fund appealed an arbitrator’s decision finding that an injured motorcyclist was not principally dependent on his parents for financial support under the Statutory Accident Benefits Schedule.
The arbitrator had concluded that during the 12 months preceding the accident the claimant’s employment income exceeded 51% of his financial needs, applying the dependency framework from Miller v. Safeco and subsequent arbitral jurisprudence.
The appellant argued the arbitrator misapplied the dependency factors and improperly confined the analysis to the year preceding the accident.
The court held that the determination of dependency involved mixed fact and law and was reviewable on a reasonableness standard.
Finding the arbitrator’s use of the 12‑month timeframe and the 51% dependency test reasonable and consistent with established jurisprudence, the court dismissed the appeal.
