People make mistakes and overpayments occur. When they do, various rules apply to how these benefits are paid back (or not paid back) depending on the facts of the case.
Some overpayments occur as a result of a miscalcualtion in the rate of average weekly wage. These overpayment can not be recouped from a miscalculation in a prior agreement, but can be recouped under and existing agreement. So it matters when the error is discovered.
While overpayment might be recouped, underpayments for total diability becuase of a miscalculatioon in the avg. weekly wage are always payable. This proper pay rate is to be applied to all payment periods, not just those after the petition to correct the wage rate has been filed.
Future benefits can be subject to a credit for overpayment, but only when the employer has taken appropriate steps to have prevented the overpayment in the first place. A failure to ahve taken appropriate steps can result in the employee retaining the overpayments without a credit against future benefits.
