A business proprietor ho got injured in a crash in 2019 owes the ICBC about $9600 after misleading the entity regarding his return to work.
The Kelowna businessman, Jacob Polzin, sued the insurer at the small claims court in the hope that he would prove he could keep wage loss and medical benefits, and also be paid another $2300, but was found to have forfeited the right to be paid insurance money in the first place.
The reason is that he made false claims to the ICBC via email, according to the findings of a recent Civil Resolution Tribunal decision.
Polzin sustain an injury in November of 2019, and then filed for compensation a month later. Then, he was an employee of his own company, Precisely Right Moving and Storage Limited.
He was compensated $9595 in terms of wage loss and medical benefits.
Towards the end of May, 2020, the ICBC sent him an email to inquire about his employment status, including whether he had served in any other capacity since the injury and if he had volunteered, worked, gone to school or offered assistance to an employer. His answer was no to all the questions.
However, the ICBC, through a private investigator, found that he had been involved in a move a few weeks earlier, the decision read.
The footage showed the business owner helping with garbage bags and boxes, loading small furniture onto dollies and shifting them into a house.
When he was informed that he would not be covered because of the move he took part months earlier, he stated he could not remember taking part in it.
When questioned about it before the tribunal, he said his response to the ICBC’s question was truthful as he was referring to physical labor aspect of his duties because non-physical duties were not covered by his insurance policy.
The tribunal ruled that his involvement in the company was relevant as he was entitled to benefits that under sections 80 of the insurance vehicle regulation, he was in receipt of benefits that are applicable to persons who are totally disabled by their injuries and cannot work.
His claim to keep the benefits was rejected, and would not receive any additional compensation. Rather, he was ordered to pay the ICBC an extra $25 in fees.
