Dovi v. Grand Union Co.

OPINION OF THE COURT

Herlihy, J.

The appeal involves the question as to whether the board *344erred in limiting the carrier’s credit for overpayment to the claimant to one half the value of the continuing award.

It was agreed by all of the parties that between January 1, 1966 and September 30, 1974, while the claimant was working, he was overpaid reduced earnings in the amount of $14,000. To adjust for these overpayments the board affirmed the referee’s finding that one half of the continuing payments should be applied against the overpayments.

The carrier contends—primarily because of the amount due…