POA Decision – 2002/02/19-01 - Overpayments
The Panel of Administrators approved an amendment to the Board's policy on provisional rates, as provided in policy item #66.12 of the Rehabilitation Services & Claims Manual. With respect to compensation matters, the Board's previous policy was that where a provisional rate was set at minimum (or lower), but the actual earnings later received caused an adjustment of the rate of benefits to a figure below the selected rate, an overpayment was declared with respect to the difference between the true entitlement and the amount actually paid. This was because the Board considered this overpayment to be an administrative error. Upon reconsideration, the Panel of Administrators determined that it is more appropriate to consider excess monies received by a worker as a result of the setting of a provisional rate as a decisional error rather than an administrative error. Therefore, effective February 19, 2002, where wage loss payments have been commenced on an interim basis, and the final wage loss rate is lower than the provisional rate previously set, no recovery of the payments will be made in the absence of an administrative error, fraud or misrepresentation by the worker, or where the decision under review was not one within the statutory authority of the Board. The policy also refers to policy item #48.41 of the Rehabilitation Services and Claims Manual for the definition of an administrative error.