Carmel Jeffery v. Aviva Insurance Company (20-006381)

The claimant’s husband passed away from accident-related injuries in 2017. The insurer paid a funeral benefit and a spousal death benefit. The claimant also applied for a death benefit as a dependent, pursuant to section 26(2)2. of the SABS. The insurer denied the death benefit based on a determination that the claimant was not principally dependent on her late husband. The claimant applied to the LAT seeking entitlement to the death benefit and a Special Award. Vice-Chair Boyce found that the claimant was not principally dependent on her husband for financial support and not entitled to the benefit in dispute.