The insurer sought repayment for IRBs in the amount of $9,028 on the basis that the claimant returned to work and materially misrepresented his return to work status. Adjudicator Farlam found in favour of the insurer. The claimant admitted on cross-examination during the hearing that he worked as a taxi driver during the time in question. He also identified himself in surveillance from that time driving a taxi. The claimant also admitted that he did not tell the truth to the IE doctor about his work status. Adjudicator Farlam noted that silence was wilful misrepresentation as the claimant did not tell his family doctor, legal representative, or the IE doctor that he had returned to work. As such, Adjudicator Farlam found that the claimant was liable to repay the insurer the full amount of IRBs claimed.
