LNI Can't Recoup Overpayment of Benefits Caused by Its Mistake in Wage Order

The Washington Court of Appeals last week ruled that the Department of Labor and Industries could not retroactively correct its mistake as to an injured worker's marital status and recoup its overpayment of benefits after its wage order became final.  Although Section 51.32.240 of the Revised Code of Washington allows L&I to recover a year's worth of overpayments made because of a clerical error, mistake of identity, or innocent misrepresentation, the court said Thursday this doesn't give L&I a year to fix its mistake. Since L&I decisions become final after ...