Commonwealth Dept. of Transportation v. Workers' Compensation Appeal Board

OPINION BY

Judge LEAVITT.

The Commonwealth of Pennsylvania, Department of Transportation (Employer) and Joseph Carey Noll (Claimant) have filed cross petitions for review1 of an adjudication of the Workers’ Compensation Appeal Board (Board) denying Employer’s request for recoupment of an overpayment of compensation to Claimant and denying Claimant an award of attorney’s fees. The Board held that there had been an overpayment, but it denied Employer recoupment for the stated reason that Employer did not demonstrate that its overpayment was based upon a mistaken belief. Concluding that the Board…