The applicant was involved in a motor vehicle accident and sought an income replacement benefit of $400 per week.
The respondent paid $23.49 per week for the first 104 weeks and $185 per week thereafter.
The dispute centered on the calculation of the applicant's pre-accident income, as he was self-employed.
The Tribunal found that under s. 4(3) of the Schedule, the applicant's income must be calculated using the last completed tax year, rather than the 52 weeks prior to the accident under s. 4(2)2.
As the applicant had no self-employment income in the 2021 tax year, the respondent's calculation of $23.49 per week was correct.
The claims for an award and interest were dismissed.
