The applicant, a real estate agent, was injured in a motor vehicle accident and applied for statutory accident benefits.
The insurer disputed the calculation of her pre-accident income, arguing that commissions received after the accident for sales negotiated before the accident should not be included in her pre-accident income.
The arbitrator held that the commissions were earned prior to the accident when the work was performed, and should be included in the calculation of her pre-accident income.
The applicant was awarded weekly income benefits of $600.00, and the insurer's claim for repayment was dismissed.
