The parties agreed that the claimant met the legal test for entitlement to IRBs for the time period claimed, but could not agree on the appropriate quantum owed. The claimant relied on an accounting report from ADS, which calculated his past entitlement to be $166,821.32. The insurer relied on an accounting report from PWC, which calculated his past entitlement to be $152,478.03. The main point of dispute was the amount of losses incurred by the claimant’s company, and how much of those losses could be attributed to the subject accident. PWC did not assign any relevant value to the business losses after the subject accident, given that the business was operating at a loss even prior to the accident. Vice Chair Todd accepted the insurer’s accounting report, noting that there was not enough of a decline or change in financial status post-accident to be clear that such losses were a result of the accident. As such, the claimant was found to be entitled to payment of past IRBs in the amount of $152,478.03.
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