Recovering overpayments of benefits in New York.

A claimant may improperly receive disability benefits and workers’ compensations benefits for the same period of time. This happens frequently in the context of a denied/controverted case.

Any disability benefits received in lieu of workers’ compensation benefits are subject to reimbursement. See New York Workers’ Compensation Law §§ 206, 217 and New York CRR Title 12, Section 363.12.

The disability carrier should file Form DB-470, seeking reimbursement.

Practically, what happens is the Judge orders the reimbursement (by way of Order). Future benefits are then reduced to reflect the reimbursement (usually by some set amount per week, for example, $20 per week).

Greg Lois is the managing partner of LOIS LLC and dedicates his practice to defending employers and carriers in New York and New Jersey workers' compensation claims. Greg is the author of a popular series of "Handbooks" on workers' compensation, and is the co-author of the 2016 & 2017 Lexis-Nexis New Jersey Workers' Compensation Practice Guide. Greg can be reached at 201-880-7213 or glois@loisllc.com