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Unica Insurance Inc v. Girwall (19-007804)

  • March 5, 2021

The insurer sought repayment for the total amount of IRBs paid ($10,428.55) pursuant to section 52 of the SABS, as the respondent failed to notify it of his return to work shortly after the accident, resulting in an overpayment of IRBs. The claimant did not participate in the proceedings. Vice Chair Boyce found that the insurer was entitled to an IRB repayment in the amount sought, plus interest. The evidence indicated that the insurer paid the claimant an IRB during a period when he had already returned to work, and acted diligently upon receipt of the information. The insurer’s notice of request for repayment met the 12 month timeline prescribed by the SABS, and clearly stated the type of benefit paid (IRB), the payment period for which payment was sought, and the amount of repayment sought.

Full decision here

TGP Analysis

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  • FILED UNDER Repayment
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