Wawanesa Mutual Insurance Company v. S.P. (19-000982)

The insurer sought repayment of income replacement benefits that were paid as a result of misrepresentation. Adjudicator Manigat found that the claimant made a wilful misrepresentation of her employment status, the insurer had given proper notice under s. 53 of the SABS, and the insurer was entitled to repayment of IRBs plus interest. The claimant alleged that she was employed at the time of the accident. The evidence submitted by the insurer demonstrated that the claimant had not been employed.