Recovery of overpayment revisited

Mr. F thought the WSIB was not paying him what they should. His file showed an initial entitlement for a shoulder injury. This decision was reconsidered and benefits terminated after the WSIB reviewed surveillance evidence from the employer. The WSIB told Mr. F he would have to pay back some of the benefits.

The Commission cannot change an entitlement decision. However, there was an issue related to recovering the overpayment. WSIB policy is not to pursue recovery of a benefit-related debt if the debt results from overturning an entitlement decision. The Commission contacted a manager, who confirmed that it was a reconsideration decision and thus the overpayment was not recoverable. The WSIB contacted Mr. F and he also received a letter confirming that legal proceedings to recover the overpayment had stopped.