Following policy in debt recovery
Mr. S has been receiving loss-of-earnings benefits since 2010. In 2013, the WSIB case manager reversed the 2010 entitlement
decision after reviewing WSIB’s surveillance evidence. This created an overpayment. The case manager directed the recovery of the
overpayment plus interest.
Mr. S negotiated with the Collections Department for a repayment schedule. This agreement was contingent on Mr. S’s permission to
have a lien put on his house.
Mr. S’s union representative called the Commission, who reviewed the WSIB policy on the recovery of benefit-related debts. That policy
says the WSIB does not recover a benefit-related debt in a number of instances, including when it is the result of a previous entitlement
decision being overturned due to a reconsideration or appeal. The Commission brought this policy to the attention of the manager,
who agreed that the debt recovery in this case did not seem fair or consistent with the policy. The manager arranged for the case
manager to review the file and policy to determine what, if any, part of the overpayment was recoverable.