Reed v. Exel Logistics, Inc. (Signed Opinion)Annotate this Case
The Supreme Court reversed the decision of the Workers’ Compensation Board of Review concluding that Employer could reclaim temporary total disability benefits it paid to a claimant for an extra 156 days beyond the date Employer was statutorily required to pay, holding that the overpayment decision violated W.Va. Code 23-4-1c(h).
Employer paid benefits to a claimant for almost two-and-a-half years while the claimant was undergoing medical and physical rehabilitation. When Employer discovered it had paid the claimant benefits for 156 days beyond what it was required to pay, Employer declared those days an overpayment and sought to recover the benefits from the claimant. A claims examiner concluded that Employer could reclaim those benefits under this state’s workers’ compensation laws. The Board of Review upheld the decisions regarding overpayment. The Supreme Court reversed, holding that Employer wholly failed to follow the process set forth in section 23-4-1c(h).