Law360 Canada (July 16, 2024, 12:27 PM EDT) -- Appeal by Workplace Health, Safety and Compensation Commission (Commission) from decision of Workers’ Compensation Appeals Tribunal (WCAT). The Commission argued that WCAT erred in law by finding that the Commission could not recover an overpayment of $34,441 in benefits paid to Levesque, despite the finding that he misrepresented his disability and capacity to work. Levesque, who was employed as a truck driver, received disability benefits from the Commission based on his representations that he was unable to work due to a lower back injury. However, surveillance videos showed that Levesque was performing physical activities inconsistent with his claimed limitations. The Commission terminated his benefits and sought repayment of the overpaid amount. While WCAT upheld the termination of benefits based on Levesque’s misrepresentation, it declined to order repayment, citing principles of equity and restitution. The main issue was whether WCAT erred in law by failing to order repayment of the overpaid benefits, despite finding that the overpayment resulted from Levesque's misrepresentation. The Commission argued WCAT’s decision was internally inconsistent. Levesque opposed the appeal, arguing he did not commit fraud or misrepresent himself....