Workers’ compensation benefits awards are typically calculated based on an employee’s average weekly wage at the time of their injury as well as their medical expenses. While such benefits awards are typically appropriate, in some cases, they may be inaccurate, and if an error results in an overpayment, an employer may be entitled to recoup the excess amounts paid to the employee. In a recent Massachusetts workers’ compensation case, a court explained what an employer must show to demonstrate it is entitled to recoupment. If you were injured at work, it is worthwhile to speak to a Massachusetts workers’ compensation attorney regarding what benefits you may be owed.
History of the Case
It is reported that the employee, while working for the employer, suffered an injury to his left knee, resulting from a slip and fall accident while descending a ladder. The employee filed a workers’ compensation claim with the Department of Industrial Accidents (DIA), which was contested by the employer. Subsequently, an administrative judge issued a conference order that required the employer to provide disability benefits for a specific period and then ongoing partial disability benefits.
Allegedly, both parties appealed this order, and a new order was issued by the same administrative judge after a second hearing. This new order reduced the amount and duration of the employee’s benefits. As a consequence of the second order, the employee had already received more benefits than he was entitled to under the conference order. The employer then initiated legal action against the employee, arguing that the new order was a recoupment order. The court ruled in favor of the employer and granted judgment on the pleadings. The employee subsequently appealed the decision. Continue reading →