Nix v. Freightliner Corp.

Claimant seeks review of an order of the Workers’ Compensation Board (Board) holding that an award of attorney fees is subject to an offset based on prior overpayment of compensation. Claimant contends that the Board’s own rules expressly prohibit such an offset. Employer contends that the Board’s construction of its rules to allow an offset in the circumstances of this case is a reasonable one and should be upheld. We conclude that the Board’s rules unambiguously prohibit offsetting an award of attorney fees based on prior overpayments. We therefore reverse the order and remand the case for…