The insurer appealed an arbitration decision determining the insured's weekly income benefits at $600 per week.
The central issue was when real estate commissions become income for the purpose of calculating pre-accident income under the Statutory Accident Benefits Schedule.
The Director's Delegate held that real estate commissions are earned when there is an unconditional agreement of purchase and sale, rejecting both the 'closing date' and 'work completed' approaches.
Applying this principle, the insured's weekly income benefits were recalculated to $348.61 per week.
The issue of whether the insured must repay any overpayment was referred back to arbitration.
