The bill amends the Worker's Disability Compensation Act of 1969, specifically section 833, to clarify the conditions under which compensation and recoupment of overpayments can occur. It establishes that if compensation is paid (excluding medical expenses) and an application for further compensation is filed, no compensation can be ordered for any period more than one year before the application date. Additionally, it specifies that recoupment of overpayments is not allowed for periods exceeding one year before the employer or carrier files an application with the agency to recoup those benefits.
Furthermore, the bill outlines conditions under which an injured employee may be required to reimburse an overpayment of benefits. These conditions include instances where the employee concealed post-injury earnings or where the overpayment resulted from errors made by the employer or carrier. It also allows for the recoupment of overpayments through a reduction in the employee's weekly benefit amount, capped at 50%. The bill provides protections for employees against unreasonable changes in the employer's position regarding work-related conditions and allows for waivers of recoupment if it would cause undue harm to the employee. New definitions for "carrier" and "voluntary pay agreement" are also included to clarify the terms used in the section.
Statutes affected: House Introduced Bill: 418.833