Opinion
Docket No. 17417.
Decided March 29, 1974.
Appeal from Workmen's Compensation Appeal Board. Submitted Division 1 February 11, 1974, at Detroit. (Docket No. 17417.) Decided March 29, 1974.
Claim by William S. Carter against Kelsey-Hayes Company for workmen's compensation. Compensation granted. Defendant's petition for reimbursement of overpayment allowed. Plaintiff appeals by leave granted. Affirmed.
Kozlow, Jasmer Woll, P.C. (by John L. Crowley), for plaintiff.
Lacey Jones (by Hayim I. Gross), for defendant.
Before: V.J. BRENNAN, P.J., and McGREGOR and T.M. BURNS, JJ.
Plaintiff was granted workmen's compensation benefits following a hearing before a referee in July, 1967. After a lengthy appeal process culminating in the decision of the Michigan Supreme Court, Carter v Kelsey-Hayes Company, 386 Mich. 610; 194 N.W.2d 326 (1972), the defendant paid plaintiff approximately $22,000, representing payments which had accrued during the pendency of the appeal.
Within six months of this payment, the defendant discovered that reductions authorized by MCLA 418.357; MSA 17.237(357) had not been computed, and petitioned for reimbursement of this overpayment. The referee ruled that the statute prohibited recovery of the overpayment for the period more than one year prior to the date of the defendant's claim. The Workmen's Compensation Appeal Board modified the referee's decision and allowed recovery of the total overpayment. Plaintiff was granted leave to appeal to this Court on September 10, 1973.
The limitation provisions of MCLA 418.833; MSA 17.237(833) do not bar recovery of the entire amount by which the plaintiff was overpaid. That statute is not literally applicable to the facts of this case, and its operation was tolled during the pendency of the original appeal. White v Michigan Consolidated Gas Co, 352 Mich. 201, 212; 89 N.W.2d 439 (1958). See also Samels v Goodyear Tire Rubber Co, 323 Mich. 251, 256-259; 35 N.W.2d 265 (1948).
The order of the Workmen's Compensation Appeal Board is affirmed.