The applicant was receiving an income replacement benefit (IRB) following a motor vehicle accident.
The applicant subsequently withdrew his application for dispute resolution, but the respondent insurer proceeded with the hearing to seek repayment of the IRB due to wilful misrepresentation.
Relying on video surveillance showing the applicant performing physical chores, running errands, and attending a job site, the Tribunal found the applicant had misrepresented his functional limitations to medical assessors.
The Tribunal ordered the applicant to repay $10,988.42 for the period following the misrepresentation, but denied the respondent's claim for interest as it had not been claimed in the repayment notice.
