The applicant was injured in a motor vehicle accident and applied for income replacement benefits (IRBs).
He disputed the insurer's calculation, arguing that IRBs he received from a previous motor vehicle accident should be included as 'gross income from employment' under the Statutory Accident Benefits Schedule.
The arbitrator held that IRBs from a previous accident cannot be included as income for the purpose of determining the IRB entitlement for the subsequent accident, following established jurisprudence that distinguishes between employment income and payments for loss of income.
