Anthony Gatensby

The applicant insurer sought repayment of $5,085.71 in income replacement benefits (IRB) paid to the respondent, alleging the respondent had returned to work without notifying the insurer.

The respondent did not participate in the hearing.

The Tribunal found insufficient evidence to establish the respondent returned to work on the date alleged by the insurer, but accepted an OCF-3 form indicating a return to work by May 1, 2014.

The Tribunal concluded the insurer provided proper notice of the overpayment and ordered the respondent to repay $1,257.14 for the period between May 1 and May 22, 2014, plus 1% simple interest.

Following an arbitration hearing where the self-represented applicant's claims for caregiver and non-earner benefits were dismissed, the insurer sought its expenses.

The arbitrator found that the insurer was completely successful and therefore entitled to its expenses.

Applying a broad strokes approach and considering the Legal Aid rate, the arbitrator awarded the insurer $5,656.80 in fees and $2,219.85 in disbursements, for a total of $7,906.65.