The insurer sought repayment of income replacement benefits. Adjudicator Robert Watt reviewed the jurisprudence of section 52 and noted that a proper repayment notice should include: (i) identification of the type of benefit that was overpaid, (ii) the payment period for which repayment is sought, (iii) the amount of repayment sought, and (iv) the amount claimed need not be perfectly correct, but should be substantially correct. Moreover, repayment is owed on monies paid in error, regardless of the error. As well, interest is also payable on the amount owed. On review of the evidence and notice letter, Adjudicator Watt held the insurer had complied with the notice requirements and ordered the claimant to repay the overpaid IRBs with interest.
