BAY CONCRETE CONST. CO., INC. v. Davis

ELDER, Judge.

Bay Concrete Construction Co., Inc. (employer) and The Union Insurance Company (carrier) appeal from a decision of the Workers’ Compensation Commission holding that overpayments of disability compensation to Frankie Oreal Davis (claimant) entitled carrier only to a credit against any future compensation due and did not entitle it to recover those overpayments from claimant “by action at law” pursuant to Code §§ 65.2-710 or 65.2-712. We hold the commission’s refusal to certify the award for an action at law in the circuit court was not error, and we affirm.

I

BACKGROUND

The facts are…