Mr. Robert G. Deacon

The appellant, a self-employed individual operating two computer businesses, appealed an arbitrator's decision regarding the calculation of his income replacement benefits following a motor vehicle accident.

The appellant argued the arbitrator erred by treating his two businesses as a single entity, which reduced his benefit amount.

The Director's Delegate dismissed the appeal, finding the arbitrator correctly applied a functional approach that preferred substance over form, as the businesses operated from the same office, shared expenses, and functioned as a single enterprise.

The Delegate also rejected the appellant's argument that he was entitled to receive both his base benefit rate and the $185 minimum weekly benefit concurrently after 104 weeks.