The Applicant was injured in a motor vehicle accident and claimed weekly income benefits based on a pre-accident offer of employment.
The Insurer denied the claim because the Applicant did not have a work permit at the time of the accident.
The arbitrator held that the words 'within one year' in section 12(2)1.(iii) of the Schedule refer to the date of the accident.
The arbitrator further found that the Applicant was not entitled to start work at the time of the accident because he had not fulfilled the condition of obtaining a work permit, and the offer had effectively been revoked by the prospective employer's conduct.
The claim for weekly income benefits under section 12 was dismissed, but the Applicant was awarded expenses.