MANUEL MARRERO, APPELLANT,
v.
FPA CORPORATION AND CORPORATE GROUP SERVICE, INC., C/O ADJUSTCO, INC., APPELLEES
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BARFIELD, Judge.
In this workers’ compensation appeal, the claimant asserts the deputy commissioner erred in allowing the employer/carrier to take credit for overpayments of permanent total disability benefits. The deputy’s finding that a clerical error during a system change constituted a reasonable basis for the overpayments is supported by competent substantial evidence in the record and complies with the requirements of Belam Florida Corporation v. Dardy, 397 So. 2d 756 (Fla. 1st DCA 1981), and its progeny. We note that appellant concedes that clerical error may be a reasonable basis for overpayment, and that the parties had stipulated that if the deputy found a reasonable basis for the overpayments any future credits would be taken at 15% of the biweekly payments.
AFFIRMED.
MILLS, J., concurs.
WENTWORTH, J., dissents with opinion.
WENTWORTH, Judge,
dissenting.
I would reverse because I find no concession from appellee beyond recognition as to clerical error in the abstract: “While that may be a reasonable reason for an overpayment, it totally disregards that the evidence reveals” the error here was generated by the agent’s violation of section 440.-20(2), Florida Statutes. Appellee cites neither precedent nor rationale that the clerical nature of an error would establish a right to recoupment, and I find none.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Tradewinds Mfg. Co. & Fuqua Indus., Inc. v. COX, 541 So. 2d 667 (Fla. 1st DCA 1989)…umption can be overcome by e/c’s showing that there was a reasonable basis for the overpayment. Sosa v. Jernigan Trucking Co., 454 So. 2d 65 (Fla. 1st DCA 1984). Reasonable bases for overpayment have included clerical error, Marrero v. F.P.A. Corp., 511 So. 2d 1008 (Fla. 1st DCA 1987), and incorrect calculation of average weekly wage due to claimant’s late filing of wage records, Sosa, supra. Moreover, overpayment in one class of benefits can be credited against a different class of benefits. Belam Florida Cor…
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Montgomery Ward/Jefferson v. Wade, 545 So. 2d 410 (Fla. 1st DCA 1989)…der and failure to file a timely motion for rehearing. Credit has been permitted where an overpayment resulted from a clerical error in circumstances where the court did not find a lack of due diligence by employer/carrier. See Marrero v. FPA Corp., 511 So. 2d 1008 (Fla. 1st DCA 1987). But crediting is proper only when there is a reasonable basis for the overpayment. See Belam Florida Corp. v. Dardy, 397 So. 2d 756 (Fla. 1st DCA 1981). In the present case the error in the prior order was apparent from the face…
Authorities Cited
- Belam v. Dardy, 397 So. 2d 756 (Fla. 1st DCA 1981)