Mina Mikhail

The applicant insurer sought repayment of $16,325.12 in Income Replacement Benefits (IRBs) paid to the respondent following a motor vehicle accident.

The overpayment occurred because the respondent received retroactive Long Term Disability benefits from Manulife, which are deductible from IRBs under the Statutory Accident Benefits Schedule.

The respondent acknowledged liability to repay but argued the insurer was limited to collecting the overpayment by reducing subsequent IRB payments.

The Tribunal found that the insurer was not obligated to use the claw-back provisions and ordered the respondent to repay the full amount plus interest.

The applicant sought statutory accident benefits, including physiotherapy, attendant care, and the cost of an assessment, following a motor vehicle accident.

The Licence Appeal Tribunal dismissed the claims.

The claim for physiotherapy was denied because the applicant failed to provide the relevant treatment and assessment plan in evidence.

The claims for attendant care benefits and the assessment cost were dismissed because the applicant failed to comply with the procedural requirements of the Statutory Accident Benefits Schedule, specifically by incurring the expenses before submitting the required Form 1 and treatment plans to the insurer.