The insurer requested repayment as a result of IRB payments made in error, as it was unaware that the claimant had returned to work until it received the information in a section 44 IE report. The claimant argued that it was prejudicial for his own insurer to penalize him as a result of their error. Vice Chair Boyce rejected the claimant’s argument, as the prejudice was actually to the insurer, who relied in good faith on the information provided to it by the claimant when issuing the IRB. He further noted that claimant had a responsibility to notify the insurer of a return to work when in receipt of an IRB. As the insurer’s notice of request for repayment met the 12 month timeline criteria to support its claim, Vice Chair Boyce held that the insurer was entitled to repayment of $8,650.60 plus applicable interest.
