Christianson v. Axel H. Ohman Construction Co.

SIMONETT, Justice.

Is an employer or insurer, who mistakenly overpays temporary disability benefits for a 1972 injury, entitled to a credit for the overpayment against an award for permanent partial disability benefits to the employee for the same injury? We hold the employer and insurer are entitled to the credit and reverse the Workers’ Compensation Court of Appeals.

Employee Harold Christianson was injured in 1972. In 1976 the compensation judge awarded him temporary partial disability benefits for 350 weeks from September 1, 1975, pursuant to Minn.Stat. § 176.-101, subd. 2 (1971), the…