Notwithstanding section 176.521, subdivision 3, or any other provision of this chapter to the contrary, except as provided in this section, no lump-sum or weekly payment, or settlement, which is voluntarily paid to an injured employee or the survivors of a deceased employee in apparent or seeming accordance with the provisions of this chapter by an employer or insurer, or is paid pursuant to an order of the workers' compensation division, a compensation judge, or court of appeals relative to a claim by an injured employee or the employee's survivors, and received in good faith by the employee or the employee's survivors shall be refunded to the paying employer or insurer in the event that it is subsequently determined that the payment was made under a mistake in fact or law by the employer or insurer. When the payments have been made to a person who is entitled to receive further payments of compensation for the same injury, the mistaken compensation may be taken as a partial credit against future periodic benefits. The credit applied against further payments of temporary total disability, temporary partial disability, permanent partial disability, permanent total disability, retraining benefits, death benefits, or weekly payments of economic recovery or impairment compensation shall not exceed 20 percent of the amount that would otherwise be payable.
An employer or insurer may not offset an overpayment of benefits against:
(1) medical expenses due or payable; or
(2) a penalty awarded to the employee for late payment or underpayment of benefits.
Where the commissioner or compensation judge determines that the mistaken compensation was not received in good faith, the commissioner or compensation judge may order reimbursement of the compensation. For purposes of this section, a payment is not received in good faith if it is obtained through fraud, or if the employee knew that the compensation was paid under mistake of fact or law, and the employee has not refunded the mistaken compensation.
Notes of Decisions
Weston v. McWilliams & Assocs., Inc., 716 N.W.2d 634 (Minn. 2006).
· cites it 4× “051 violated due process because it "abrogates a common law right of action without providing a reasonable substitute." Calder, 318 N.W.2d at 843-44.”
Tri-State Ins. Co. of Minn. v. Bouma, 306 N.W.2d 564 (Minn. 1981).
· cites it 8× “At issue on this appeal are whether Minn. Stat. § 176.179 (1974), effective August 1, 1974, is applicable to bar recovery of an overpayment made in February 1975 for workers’ compensation benefits to an employee injured in 1973 and, if so, whether the statute is unconstitutional.”
Broos v. Portec, Inc., 376 N.W.2d 688 (Minn. 1985).
· cites it 8× “mination that employee had sustained additional permanent partial disability to his left arm as a result of an injury sustained on February 13, 1979; that he had been entitled to benefits during retraining of 125% of his temporary total disability rate; that the employer had…”
Calder v. City of Crystal, 318 N.W.2d 838 (Minn. 1982).
· cites it 2× “1981), this argument was recently presented to this court with regard to Minn. Stat. § 176.179 (1980). There we held: In other cases, we have recognized that the legislature could constitutionally abrogate a common-law right without providing a reasonable substitute if it is…”
Frandsen v. Ford Motor Co., 801 N.W.2d 177 (Minn. 2011).
· cites it 2× “See Minn.Stat. § 176.179 (2010) (stating that in the event of overpayment to an employee entitled to receive further benefits, “the mistaken compensation may be taken as a partial credit against future periodic benefits”).”
Jewison v. Frerichs Constr., 434 N.W.2d 259 (Minn. 1989).
· cites it 4× “We also affirm the compensation judge’s finding that the workers’ compensation benefits awarded to Jewison were received in good faith under Minn.Stat. § 176.179 (1986). I. Edward 0.”
Lemke v. Knudsen Trucking, Inc., 291 N.W.2d 378 (Minn. 1980).
· cites it 4× “Minn.Stat. § 176.179 (1978). The statute specifically states that good faith -payments shall not be refunded.”
Cassem v. Crenlo, Inc., 470 N.W.2d 102 (Minn. 1991).
· cites it 5× “62 for the mistaken payments of temporary total compensation in January and February 1989, the amount to be deductible out of future benefits owed Cassem at a rate of 20 percent of each future benefit payment pursuant to Minn.Stat. § 176.179 (1990). The Workers' Compensation…”
Hedgemon v. United Parcel Serv., Inc., 832 So. 2d 656 (Ala. Civ. App. 2002).
· cites it 2× “2000)), our Legislature has seen fit not to adopt a provision comparable to Minn.Stat. § 176.179 (2000), which generally disallows reimbursement.”
Christianson v. Axel H. Ohman Constr. Co., 346 N.W.2d 654 (Minn. 1984).
· cites it 8× “The statute, Minn.Stat. § 176.179 (1978), provided that an employer or insurer was not entitled to reimbursement from an employee for mistaken overpayments of compensation if the payments had been received by the employee in good faith.”
Kealy v. St. Paul Hous. & Redevelopment Auth., 303 N.W.2d 468 (Minn. 1981).
· cites it 2× “Minn.Stat. § 176.179 (1978) indicates that any “settlement, which is voluntarily paid to an injured employee * * * in apparent or seeming accordance with the provisions of this chapter by an employer or insurer, * * and received in good faith” need not be refunded.”
Kloss v. E & H Earthmovers, 472 N.W.2d 109 (Minn. 1991).
· cites it 2× “See Minn. Stat. § 176.179 (1990). Northwestern denied responsibility for payment of any further benefits after April 6,1987, basing its position on the offset for social security benefits permitted by Minn.”
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