The claim arose out of a dispute for the appropriate quantum for IRBs. The claimant argued that she was employed, rather than self-employed, at the time of the accident and that her IRB payments should be calculated based on employment income. The insurer argued that according to the claimant’s tax returns she was actually self-employed and that IRBs should be determined accordingly. Adjudicator Norris agreed with the insurer, citing that IRB payments are to be based on the claimant’s income as reported to the CRA, pursuant to section 4(5) of the SABS. The claimant’s reported earnings were consistent with that of a self-employed individual and thus IRBs must be calculated using the self-employment formula. Adjudicator Norris also determined that the claimant was not entitled to an award for the delayed payment because she had provided inaccurate account of her employment status, and it was therefore reasonable for the insurer to seek additional information.
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