Collins v. Deparment of Alcoholic Beverage Control

BAKER, Judge.

In this appeal from a decision of the Workers’ Compensation Commission (commission), Donald F. Collins (claimant) contends that the commission erroneously permitted the Department of Alcohol Beverage Control and its insurance carrier (jointly referred to herein as employer) to recoup the overpayment of compensation benefits paid to claimant pursuant to an award. The commission found that because the calculation of claimant’s average weekly wage had been based upon inaccurate information resulting in an erroneous award, “there has been a mutual mistake that entitled the employer…