The appellant, a self-employed life insurance agent, was injured in a motor vehicle accident and claimed income replacement benefits.
The dispute centered on whether the commissions he received in the 52 weeks prior to the accident should be treated entirely as income or as a combination of income and a loan under a 'renewal capitalization' plan.
The arbitrator found that the payments were a combination of income and loan, meaning only the earned commission portion should be included in the pre-accident income calculation.
The Director's Delegate upheld the arbitrator's decision, finding ample accounting evidence to support the conclusion that the loan portion did not become income until policies were renewed.
