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Employee Fraud Not a Condition for an Employer's/Insurer's Recoupment of Overpayment

Employer Holding Ipad The Michigan Court of Appeals recently issued a decision which addresses the rights of employers/insurance companies to obtain reimbursement for overpayments made to an injured worker. Iesha Fisher v Kalamazoo Regional Psychiatric Hospital and State of Michigan. The undisputed facts of the case are as follows. Plaintiff Fisher sustained a workplace injury and was voluntarily paid benefits. The employer initiated a recoupment action, alleging that it voluntarily paid Ms. Fisher three months of benefits at an improperly high rate. 

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