Unifund Assurance Co. v. M.D.C. (19-010729)

The insured applied to the LAT for various benefits. The insurer added repayment of an overpayment of IRBs to the issues in dispute. The insured failed to attend multiple case conferences, and his application was dismissed without a hearing as the LAT determined he had abandoned his claim. The matter proceeded to a written hearing on the issue of whether the insurer was entitled to a repayment of IRBs. Adjudicator Boyce found that the insured failed to notify the insurer when he returned to full-time work, and he continued to collect IRB payments while working full time. In addition, the insured submitted an Election of Income Replacement benefits after he had returned to work. Adjudicator Boyce found that the insurer was entitled to repayment of IRBs made as a result of wilful misrepresentation.