Travelers Insurance Company of Canada v. Matich (19-008573)

The insurer applied to the LAT seeking repayment of IRBs. The claimant did not participate in the hearing. Adjudicator Grant found the evidence established the insurer paid the claimant an IRB during a period when the claimant had returned to work and had failed to notify the insurer of same. The insurer relied upon statements from the claimant’s employer, and on surveillance showing the claimant at her places of work on multiple dates over the same period she was receiving IRBs. Adjudicator Grant found that the overpayment of IRBs was made as a result of wilful misrepresentation, so the 12 month limitation on the request for repayment was not applicable, and the insurer was entitled to a repayment of IRBs plus interest.