The applicant was injured in a motor vehicle accident and sought income replacement benefits (IRBs).
Prior to the accident, she and her husband were equal partners in a trucking business.
Following the accident, she could no longer drive, and a replacement worker was hired.
The applicant argued her post-accident income should be calculated based on a 5% allocation of the business's net income, reflecting her diminished contribution.
The insurer argued for a 50% allocation, consistent with the pre-accident split.
The arbitrator agreed with the insurer, finding that a 50% allocation fairly reflected her true financial situation and avoided over-compensation.
However, the arbitrator found the insurer unreasonably withheld IRB payments for a period in 2008 after receiving requested documentation, and ordered a special award of $750.
