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over payment of benefits - thesloans - 08-06-2013


So, the State Insurance Fund states that I have been paid too much in benefits since my industrial accident in 2011.

During the time I was injured at my full time career, I was also working a part time job as a retail salesman. Having some conserns about losing wages at that job as well, I inquired about reporting these hours to my claims adjuster with the work comp insurance. In the infancy of my claim, she saw no need to require me to include my part time jobs hours in to my income to what they would take into consideration later on when I lose my career due to my injuries to the 67% of the average weekly wage.

Now that I am aalmost 2 years past the date of injury, and still with an open claim, still working the part time job, still not fully released from doctors, and still recieving TTD. I have however been ginen an impairment from one doctor for PTSD of 7.4 percent. Now my question is, the overpayment they are saying I have owed for not reporting earings for my part time job from day one of the accident, will they be taking this amount out of the impaiment award?

My concern is and has been that since they hadn't taken my wages from the begining, that wasn't my fault, so I should pay for that. But how do I fight that, my word against theirs. Is there anything short of hiring an attorney I can do at this point?

RE: over payment of benefits - 1171 - 08-06-2013

I know of no law or case precendent that lets you keep an overpayment.
showing you were not overpaid is your best chance of avoiding repayment.