an offset for an overpayment against future compensation is not a reduc- tion in a claimant’s award of compensation; an employer is only permitted to recover, through reduced payments, the amount that the claimant was not entitled to receive
How later courts described this case
- an offset for an overpayment against future compensation is not a reduc- tion in a claimant’s award of compensation; an employer is only permitted to recover, through reduced payments, the amount that the claimant was not entitled to receive
- “There are three things that a claimant must prove to get attorney fees under [ORS 656.382(2
Written by the judges who cited it.
Distinguished
Distinguished by Bowman v. Esam, Inc., 145 Or. App. 46 (1996)
” We agree with claimant that Strazi is distinguishable and that the Board erred.
The opinion
EDMONDS, J.,
specially concurring.
I agree with the majority’s result but for a different and more simple reason. The determination order decreased claimant’s disability from 70 percent to 11 percent. Claimant appealed that order. Employer’s cross-appeal for an offset was not made to reduce or disallow the determination order award of 11 percent. Therefore, ORS 656.382(2) is inapplicable, because claimant was not defending an appeal that could have resulted in a reduction or disallowance of the compensation awarded.