The insurer sought repayment of overpaid income replacement benefits, as well as the cancellation fee for a missed examination under oath. Adjudicator Sandeep Johal reviewed the evidence of the insurer and determined that it failed to establish the claimant made a willful misrepresentation resulting in an error. Because a willful misrepresentation was not established, repayment could not be ordered. Moreover, the insurer did not provide any legal authority to order the payment of cancellation fees for a missed EUO. Accordingly, the insurer’s claims were dismissed.
