Decision  Edward A. Aguer v. August A. Busch & Company of Massachusetts

Date:	02/03/2005
Organization:	Department of Industrial Accidents
Docket Number:	DIA Board No. 005069-94
Location:	Boston

• Employee: Edward A. Auger
• Employer: August a. Busch & Company of Massachusetts
• Self Insurer: Anheuser Busch Company, Inc.

HORAN, J. The sole issue on appeal is whether employee's counsel is entitled to a fee for successfully defending against the self-insurer's complaint for recoupment.¹ We affirm the attorney's fee award.

 ¹G. L. c. 152, § 11D(3) provides:

An insurer that has paid compensation pursuant to a conference order, shall, upon receipt of a decision of an administrative judge or a court of the commonwealth which indicates that overpayments have been made[,] be entitled to recover such overpayments by unilateral reduction of weekly benefits, by no more than thirty percent per week, of any remaining compensation owed the employee. Where overpayments have been made that cannot be recovered in this manner, recoupment may be ordered pursuant to the filing of a complaint pursuant to section ten or by bringing an action against the employee in superior court. (Emphasis added.)