Commissioners of State Insurance v. Pokoik

Xavier C. Riccóbono, J.

The plaintiff and the defendant each move for summary judgment under rule 113 of the Rules of Civil Practice in this action by the Commissioners of the State Insurance Fund to recover an alleged overpayment of disability benefits under the Disability Benefits Law (Workmen’s Compensation Law, § 200 et seq.). The overpayment in suit amounts to $147.96.

During the period in question, the defendant had two employers. His total average weekly wages were $398.08 and these earnings, derived from two employers, necessitated an appor*1085tionment or prorating of the defendant’s…