Insurer's overpayment notice invalid because it was sent before the insured actually received retroactive CPP-D payments.
The applicant sought resolution of a dispute over the quantum of income replacement benefits (IRB) and the respondent's claim for repayment following her approval for CPP Disability benefits.
The Tribunal found that the applicant's pre-accident Employment Insurance benefits must be included in calculating her gross weekly employment income, resulting in a higher IRB quantum.
The Tribunal also held that the respondent was not entitled to repayment because its overpayment notices were invalid, having been sent before the applicant actually received the retroactive CPP-D payments.
The applicant was awarded interest on overdue payments, but her claim for a special award under s. 10 of O. Reg. 664 was dismissed as the respondent's conduct was not found to be unreasonable or in bad faith.
OLATOntario Licence Appeal TribunalJul 5, 2024
