The insurer applied to the LAT, arguing that the claimant was not involved in an accident, and sought repayment of benefits. Adjudicator Grant found that the incident was staged, relying upon the claimant’s own evidence at his EUO. He also found an engineering reconstruction report supported the same conclusion. The claimant’s reporting of the accident was a wilful material misrepresentation, and he was liable to repay accident benefits he received. Adjudicator Grant awarded repayment of the benefits paid to the claimant, but denied repayment of amounts paid for investigation fees, EUO fees, surveillance fees, transportation fees, or the cost of obtaining records.
