Tribunal determines IRB quantum for self-employed applicant and orders repayment of overpaid benefits.
The Applicant, a self-employed truck driver, sought income replacement benefits (IRBs) following a motor vehicle accident.
The parties disputed the quantum of the IRB, specifically the base weekly rate, the treatment of post-accident income, and the deductibility of a collateral life insurance benefit.
The Tribunal preferred the Respondent's accounting expert, finding the Applicant's expert's treatment of capital cost allowance and rental expenses to be problematic and unreliable.
The Tribunal also determined that the Applicant's business profits should be deducted as post-accident income and that his Co-Operators disability benefit constituted an income continuation benefit plan, making it deductible from his IRB.
Consequently, the Tribunal found the Applicant was overpaid and ordered him to repay $6,535.62 to the Respondent.
OLATOntario Licence Appeal TribunalMay 23, 2018
