The insurer appealed the Tribunal’s decision that the claimant was an insured person due to dependency for care on his sister. The claimant was 19 years old at the time of the accident, which occurred in Nebraska. The claimant moved to Canada from Uganda when he was 14 years old and lived with his sister for a few years, before moving to Oklahoma to high school and then Nebraska for university. He was living in a student residence when the accident occurred. The Tribunal concluded that the claimant was principally dependent for care on his sister because he maintained her address as his mailing address and returned to her home during holidays and summers; the sister acted like a parent to him, the sister Facetimed with the claimant frequently; the claimant’s mother was unable to provide support and was mostly absent; the claimant never lived independently in his own residence or supported himself financially. The Court dismissed the appeal, holding that the Tribunal applied the proper test and legal principles, and applied those principles to the evidence.
