Jim Hoare

The applicant was injured in a motor vehicle accident and sought weekly income benefits.

Prior to the accident, he and his wife ran a business, with the applicant performing heavy labour and administrative duties.

Following the accident, the applicant's wife took over the administrative duties, though the applicant remained physically capable of performing them.

The arbitrator found that the reallocation of duties was a lifestyle decision rather than a result of the accident.

Consequently, the arbitrator declined to alter the pre-accident income allocation, finding that the applicant's post-accident income exceeded the benefits payable.

The claim for further benefits was dismissed, but the applicant was awarded his arbitration expenses.