Dr. G.G.

The applicant sought ongoing income replacement benefits (IRBs) following a motor vehicle accident, claiming that his daily use of marijuana to control anxiety and pain prevented him from working.

The respondent had terminated IRBs based on insurer's examinations and sought repayment of an overpayment, alleging wilful misrepresentation of the applicant's employment status.

The Tribunal found that the applicant failed to prove his marijuana dependency or other impairments resulted in a substantial inability to perform the essential tasks of his employment.

The Tribunal also dismissed the respondent's claim for repayment, finding no wilful misrepresentation and noting the respondent failed to provide notice within the 12-month limitation period.

Claims for a special award and costs were also dismissed.