Triangle Insulation & Sheet Metal Co. v. Stratemeyer

WINTERSHEIMER, Justice.

This appeal is from a decision of the Court of Appeals which reversed a judgment by the circuit court. The circuit court had determined that dollar for dollar credit for overpayment of voluntary benefits may be taken by an employer when future benefits are not affected.

The issue is whether an employer gets credit on a dollar for dollar basis or on a week by week basis when the employer makes voluntary payments which are higher than the eventual actual award.

Stratemeyer was injured on December 21, 1983. Voluntary benefits were paid by the employer at the rate of $240.12…