The appellants, husband and wife, were injured in a motor vehicle accident and received weekly income benefits.
The insurer later terminated the husband's benefits and sought repayment of an alleged overpayment, arguing he had underreported post-accident self-employment income and overstated pre-accident income.
The arbitrator ordered the husband to repay over $92,000.
On appeal, the Director's Delegate found the arbitrator erred in calculating the start date of a pre-accident contract and the method of deducting post-accident corporate income from periodic benefits.
The appeal was allowed in part, reducing the husband's repayment to $32,475.23 and ordering the insurer to pay the wife an additional $8,953.54.
The arbitrator's finding that the husband's lack of candour contributed to the overpayment, justifying the repayment order, was upheld.
