Kevin Adams

The applicant sought a $35,000 death benefit following the death of his mother in a motor vehicle accident, claiming he was principally dependent on her for financial support.

The Tribunal applied the Miller criteria and found that the applicant, who had an annual income of approximately $18,000, had sufficient means to fund 51% of his financial needs, even considering the local cost of rent.

The Tribunal concluded the applicant was not principally dependent on his mother and dismissed the claims for the death benefit, interest, and an award.

The applicant, who suffered from paranoid schizophrenia and became an elective mute after a motor vehicle accident, applied for arbitration concerning accident benefits.

After his counsel withdrew, the applicant failed to attend a resumed pre-hearing and the scheduled arbitration hearing.

The insurer brought a motion to dismiss the claims.

The arbitrator dismissed the application for arbitration due to the applicant's failure to attend and present evidence, with no order as to expenses.