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Quick action, proper notice needed for overpayment recovery

Monday, January 30, 2017 @ 11:43 AM | By Kerry O’Connor

An Ontario Superior Court judge has provided some much needed guidance on how to successfully recover overpayments made to claimants under the Statutory Accident Benefits Schedule (SABS). Since the introduction of the notice requirement in the 1996 amendments to the SABS, conflicting decisions have muddied the waters of what constitutes timely and proper notice.

An overpayment commonly occurs when benefits are paid to a claimant in error or if the claimant was disqualified from receiving benefits. This is, of course, only if the overpayment is not...