The LAT was asked to determine whether the claimant was entitled to IRBs in the amount of $400 per week. The claimant relied on the submission of medical evidence to demonstrate that he suffered a substantial inability to perform the essential tasks of his self-employment as a result of the accident. The claimant also argued that the disclosure requests of the insurer had been excessive. The insurer agreed that the claimant was entitled to IRBs but disagreed as to quantum. Adjudicator Kepman found for the insurer, noting that it had made repeated efforts to determine whether the claimant was self-employed and to quantify his earnings. Though the claimant eventfully provided most of the requested documents, upon receipt inconsistencies became clear. Adjudicator Kepman highlighted that when considering the quantum of entitlement to IRBs for a self-employed person, the insurer must be able to clearly analyse the impact of the accident on income. The LAT concluded that the claimant failed to provide sufficiently detailed information. As he had failed to provide the required disclosure, he had also failed to prove entitlement to an IRB quantum of $400 per week.
