STATE OF WISCONSIN
LABOR AND INDUSTRY REVIEW COMMISSION
P O BOX 8126, MADISON, WI 53708-8126 (608/266-9850)

STEVEN G GIFFORD (DECEASED)
LISA NICHOLSON, Applicant

GIFFORD ENTERPRISES, Employer

RURAL MUTUAL INS CO, Insurer

WORKER'S COMPENSATION DECISION
Claim No. 1987046225

An administrative law judge (ALJ) for the Worker's Compensation Division of the Department of Workforce Development issued a decision in this matter. A timely petition for review was filed.

The commission has considered the petition and the positions of the parties, and it has reviewed the evidence submitted to the ALJ. Based on its review, the commission agrees with the decision of the ALJ, and it adopts the findings and order in that decision as its own.

ORDER

The findings and order of the administrative law judge are affirmed.

Dated and mailed June 30, 2000
gifford.wsd : 132 : 5 ND § 5.43

/s/ David B. Falstad, Chairman

/s/ Pamela I. Anderson, Commissioner

/s/ James A. Rutkowski, Commissioner

MEMORANDUM OPINION

The respondent and applicant have petitioned for review of the administrative law judge's order. Applicant requests that applicant not be required to repay the amount found by the ALJ to have been paid by mistake of fact. The respondent requests a finding that repayment is required or, in the alternative, a declaration by the commission that it has no authority to order such repayment. The commission so declares. Indeed, the commission has previously issued decisions finding that it had no authority to order an applicant to repay benefits. In Sandridge v. Mid-American Long Distance, WC claim No. 89023179 (LIRC Jul. 17, 1996), the commission found that applicant had not been entitled to primary compensation she received for temporary disability and permanent disability. After doing so the commission stated:

"The commission does not have the statutory authority to order repayment of the amount that the insurer has overpaid. Instead, consistent with past practices, it issued an order which simply found that the amounts paid in excess of the commission's award are `overpaid.' In similar situations in the past, insurers have taken final commission orders and commenced circuit court actions in order to obtain judgments against claimants, presumably under sec. 102.20, Stats.

"The commission further finds that the medical expenses for elbow treatment (set forth in Exhibit B) were not reasonably necessary to cure or relieve the employe from the effects of this industrial injury. The insurance carrier is not liable for those expenses. However, the carrier paid those monies to various health care providers and its recourse is to proceed against those providers. The employe is not liable to the insurance carrier for the medical expenses."

In Jared Gagnon-Palick v. United Sewer & Water Inc., WC Claim No. 92000536 (LIRC Aug. 27, 1997), the commission reaffirmed its determination that it does not have the authority to order repayment of benefits overpaid in any manner other than withholding benefits due.

cc: LISA NICHOLSON

ATTORNEY LISA M DRILL
DOAR DRILL & SKOW SC

ATTORNEY CHARLES E BRADY

[ Search Decisions ] - [ WC Legal Resources ] - [ LIRC Home Page ]