The claimant sought entitlement to IRBs for the period of June 23, 2015, to December 1, 2016. The insurer sought repayment of IRBs in the amount of $1,600.00. The parties agree that the claimant was self-employed as the owner/operator of a gas station and convenience store for 26 out of the 52 weeks prior to the accident. In November 2015, the claimant became the owner/operator of a coffee shop. The claimant testified that he was only able to work at the coffee shop for 25 hours per week due to accident-related impairments, compared with his pre-accident ability to work 50-60 hours per week at the gas station/convenience store. Adjudicator Neilson found that the claimant was substantially unable to perform the essential tasks of his pre-accident employment for the period claimed. Adjudicator Neilson found that an overpayment in IRBs had been made for a 5.5-week period because post-accident income had not been deducted from the amount paid. The insurer was found entitled to the amount that was overpaid.
