The insurer applied to the LAT seeking repayment of an overpayment of IRBs made as a result of wilful misrepresentation. Adjudicator Boyce found that the insured failed to notify the insurer when he returned to full-time work, and he continued to collect IRB payments while working full time. Adjudicator Boyce agreed with previous LAT decisions that “silence or failure to report” can constitute wilful misrepresentation, and found that the insurer was entitled to repayment of IRBs made as a result of wilful misrepresentation, plus interest.
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