The claimant sought entitlement to IRBs which had been terminated, a special award, costs, and interest. The claimant argued that the insurer did not take into account all of his pre-accident employment in calculating his weekly IRB, and that the insurer failed to respond to his IRB application within 10 days and therefore should be required to pay IRBs at the full amount for the period in dispute. Adjudicator Boyce relied on s. 4(5) of the Schedule and agreed with the insurer, that because the claimant did not report income from either self-employment or from working at a car dealership, his income for the purposes of IRB calculations should be determined without reference to any income he failed to report under the Income Tax Act. He further found that although the insurer failed to respond to the IRB application within 10 days of receipt, it had cured its s. 36 breach by remitting payment in full for the IRB for the period in dispute with interest. Adjudicator Boyce therefore found the claimant was not entitled to further IRBs, nor was he entitled to costs, an award, or interest.
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