| Date: | 04/17/2012 |
|---|---|
| Organization: | Department of Industrial Accidents |
| Docket Number: | DIA Board No. 038079-08 |
| Location: | Boston |
- Employee: Michael Fox
- Employer: STG Properties/Scott Gerace
- Insurer: Workers’ Compensation Trust Fund
CISTIGAN, J. The employee appeals from the administrative judge’s decision allowing the Workers’ Compensation Trust Fund (Trust Fund) to recoup, from his attorney’s legal fee and costs, an overpayment resulting from a grossly overestimated average weekly wage used as the foundation of the § 10A conference order of payment. We agree with the employee that the judge’s award of recoupment was contrary to law. We reverse that aspect of the decision, and recommit the case for further findings on the amounts of the attorney’s fee and costs due under § 13A(5).