The respondent insurer requested a reconsideration of a Licence Appeal Tribunal decision that awarded the applicant a $10,000 death benefit following the death of her 48-year-old son in a motor vehicle accident.
The adjudicator had found the deceased was principally dependent on the applicant for care.
On reconsideration, the Associate Chair found the adjudicator made significant factual errors regarding the level of care and support the applicant provided, noting the deceased lived independently for 27 years and managed most of his own needs.
The reconsideration was allowed, the original decision was cancelled, and a new hearing was ordered to properly assess financial and care dependency.
