Commonwealth Court Rules That Employer Cannot Recover Overpaid Workers Compensation Benefits

Date: November 30, 2007

The Pennsylvania Commonwealth Court has ruled that an employer is not entitled to recoupment of an overpayment of workers’ compensation benefits under Section 413(a) of the Workers’ Compensation Act absent the existence of an incorrect “agreement” to modify.

The decision in Dollar Tree Stores, Inc. v. WCAB affirms the ruling of the Workers’ Compensation Appeal Board that had reversed a Workers’ Compensation Judge’s decision that allowed the defendant to recoup $112 per week from the plaintiff. The facts of the case indicate that the excess payments were a result of the employer’s miscalculation of plaintiff’s weekly compensation rate. The Court noted that a stipulation of facts signed by the parties did not meet the definition of aan “agreement” under the provisions of the Act.

Thomas P. Cummings, Esq.
tcummings@dlplaw.com
570-347-1011

Joe Price
Attorney Joe Price is a seasoned Trial Lawyer serving Northeast, Central and Southeast Pennsylvania for the past forty (40) years. He has handled serious personal injury cases in courts throughout the Federal system including New Jersey and New York. Attorney Price is A.V. Rated by Martindale Hubble. He is Board Certified in Civil Practice by the National Board of Trial Advocacy since 1996.