The applicant insurer sought repayment of $41,597.02 in statutory accident benefits paid to the respondent, alleging she fraudulently misrepresented her inability to work and need for attendant care.
The respondent, a personal support worker, had signed a statutory declaration and pleadings in a separate lawsuit admitting she provided and was paid for personal care services to a third party during the same period she received income replacement and attendant care benefits.
The Tribunal found the respondent's evidence at the hearing lacked credibility and concluded she willfully misrepresented her ability to earn an income and her need for attendant care.
The respondent was ordered to repay $23,600 in income replacement benefits and $5,970.92 in attendant care benefits, plus interest, but was not required to repay medical and rehabilitation benefits.
The insurer's request for costs was denied.
