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Overpayment Of Workers' Compensation Benefits

Concerning the overpayment of workers' compensation benefits.
2021 Regular Session
Labor & Employment
Bill Summary

The bill limits the definition of defines "overpayments" of workers' compensation benefits to include only benefits paid as money received by a claimant that:

  • Is a result of fraud;
  • Is the result of an error due only to miscalculation, omission, or clerical error asserted in a new admission of liability ;
  • Is paid in error or excess of an admission order that exists at the time that the benefits are paid to a claimant ; or
  • Duplicate benefits that result from offsets that reduce disability or death benefits paid to a claimant.

The bill also:

  • Clarifies that this limit does not prevent an insurance carrier from receiving a credit against permanent disability benefits for temporary disability benefits paid beyond the date of maximum medical improvement or an administrative law judge from determining overpayments and requiring repayment of overpayments ; and
  • Prohibits the director of the division of workers' compensation or an administrative law judge from reopening an award of benefits paid to a claimant due to an overpayment except in limited, specific circumstances.

(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)

(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)




Bill Text