§392-78  Recovery of benefits paid;individual's liability to repay benefits; insurer's appeal rights.  (a) Any person who has received any amount as benefits under this chapter to whichthe person was not entitled shall be liable for such amount unless theoverpayment was received without fault on the part of the recipient and itsrecovery would be against equity and good conscience.  Notice of areconsideration under section 392-79 in such cases shall specify that theperson is liable to repay the amount of overpaid benefits, the basis of theoverpayment, and the week or weeks for which such benefits were paid.

(b)  The person liable shall, in the discretionof the referee, either repay such amount or have the amount deducted from anyfuture benefits payable under this chapter within two years after the date ofmailing of the notice of reconsideration or the final decision on an appealfrom such reconsideration.

(c)  In any case in which under this section anindividual is liable to repay any amount, the amount shall be payable withoutinterest.

(d)  In accordance with sections 392-71 and392-72, an insurer, self-insured employer or the special fund for disabilitybenefits shall have a right to appeal for the recovery of disability benefitswhich were overpaid an employee.  Subsections (a) through (c) shall beapplicable in the recovery of overpaid benefits. [L 1969, c 148, pt of §1; am L1981, c 14, §1; gen ch 1985]