GQ Corner
Q. We inadvertently overpaid attorneys’ fees to Claimant’s attorney on a file. Can we recoup that from the Claimant? Do we have any recourse?
A. You are absolutely entitled to complete and full reimbursement of the overpaid attorneys’ fees from the attorney. You cannot get that money back from the claimant’s benefits, as he was not overpaid.
You should send a demand letter to the attorney explaining the error and requesting prompt repayment, in full. If the attorney refuses, you can take credit on future attorney’s fees that would otherwise be owed.
Ultimately, their refusal to reimburse you constitutes conversion, and there may be other avenues to recoup that money outside of workers’ compensation.
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