Decision  Robert J. Hover, Jr. v. Northern Foundations, Inc.

Date:	06/09/2008
Organization:	Department of Industrial Accidents
Docket Number:	DIA Board No. 018202-05
Location:	Boston

• Employee: Robert J. Hover, Jr.
• Employer: Northern Foundations, Inc.
• Insurer: Commerce & Industry Insurance

FABRICANT, J. The parties cross-appeal a decision denying the employee's claim for benefits. We summarily affirm the decision as to the employee's appeal. The insurer appeals from the administrative judge's denial of recoupment for benefits it paid pursuant to a § 10A conference order.¹ See G. L. c. 152, §§ 10A(3), 11D(3). We conclude that the judge addressed the recoupment issue prematurely, and therefore vacate his denial.

¹  General Laws 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.