Aviva Insurance Company of Canada v. A.M. (16-001014)

The insurer sought reconsideration of the Tribunal’s denial of repayment of IRBs. The request was based on the claimant receiving disability benefits. The claimant had not informed the insurer of his receipt of disability benefits, and the insurer subsequently made a request for repayment of IRBs totalling $4,414.29. The Tribunal had originally denied repayment reasoning that insufficient evidence of the overpayment was placed before the Tribunal. Executive Chair Lamoureux overturned the decision and awarded the request for repayment. Executive Chair Lamoureux held that the Tribunal had failed to consider evidence before it, and misconstrued other records before it.