The applicant was injured in a motor vehicle accident and received income replacement benefits.
The insurer later claimed an overpayment and sought repayment under section 47 of the Statutory Accident Benefits Schedule.
The arbitrator held that subsection 47(3) creates a 12-month limitation period running from the first payment made in error, not a rolling limitation period.
Because the insurer failed to give notice within 12 months of the first erroneous payment, the applicant was not required to repay the overpaid benefits.
