Aviva brought an application seeking repayment of IRBs because the claimant wilfully misrepresented facts in relation to her return to work and receipt of maternity benefits while she received IRBs. Adjudicator Boyce found that Aviva was entitled to repayment in the amount of $14,568.36 due to overpayment of IRBs. Adjudicator Boyce agreed with Aviva that the onus is on the claimant to notify the insurer of any post-accident income and return to work. While the claimant told the s. 44 assessors that she was on maternity leave, this was not equivalent to her obligation to tell Aviva that she was in receipt of maternity and paternal benefits. Despite being represented by counsel, the claimant never told Aviva of her receipt of maternity benefits or her return to work until Aviva terminated her benefits and sought repayment. Adjudicator Boyce found that while the claimant reported being on maternity leave and returning to work to the s. 44 assessors, this was not the same as independently informing Aviva about her income or her return to work. Adjudicator Boyce found that this knowledge was exclusive to the claimant.
