The Workplace Safety and Insurance Board has won a court order
requiring an employee to pay back a $112,792.70
"overpayment" to the WSIB.
The WSIB had advised the employee that it was reversing his
entitlement to benefits – for a number of years – and
that it was claiming back the overpayment.
Criminal charges followed, and the employee was convicted and
ordered to pay restitution of $4,330. The WSIB then launched a
court action claiming the remaining overpayment of $112,792.70.
At the same time, the employee launched an appeal to a WSIB
Appeals Resolution Officer, and then the Workplace Safety and
Insurance Appeals Tribunal, seeking to overturn the WSIB's
decision that there had been an overpayment of benefits to him.
Both the ARO and the WSIAT dismissed his appeals. The WSIB agreed
to hold the court action in abeyance until those appeals were
The court then granted the WSIB's request for summary
judgment, and ordered the employee to pay $112,792.70 to the
The WSIB then moved to dismiss the employee's counterclaim
in which he alleged that the WSIB and the WSIAT mistakenly,
negligently, or unfairly dealt with the medical evidence that was
the basis for the WSIB's claim for repayment. The court
dismissed that counterclaim because the proper way to raise those
issues was by an application for judicial review of the ARO's
and the WSIAT's decision, not by a claim in the courts.
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