The insurer sought repayment of $9,197.65 in IRBs it had paid to the claimant. The claimant’s initial application stated that he had been working at the time of the accident, and an OCF2 was submitted with income information supporting $303.65 per week in payments. The insurer was eventually provided with two Records of Employment that showed the claimant’s employment had terminated before the accident due to seasonal shortages and that he had not worked 26 weeks of the preceding 52 weeks. The insurer requested additional information from the claimant to show that he met the IRB entitlement test, but none was provided. Adjudicator Boyce awarded the insurer the full repayment, holding that the claimant had made a wilful misrepresentation regarding his employment status, which induced the IRB payments. The request for repayment was made within 12 months of the IRB payments and clearly set out the reasons and amount of repayment. Interest was also awarded on the repayment.
