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FAQ
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What other time limitations apply?
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Answer:
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Circumstances can arise under which a worker has given the proper notice and made a proper claim but for various reasons benefits were not paid. If many years go by before a worker files an application for hearing, Section 381(2) provides that in those cases the worker cannot receive past due benefits for more than two years back from the date he or she filed an application for hearing.
Section 833(l) deals with the situation in which a worker receives benefits which are then stopped and the worker later files an application for hearing to have benefits started again. Ordinarily a worker would do this shortly after benefits were stopped. Sometimes, however, this is delayed for a long period of time. Section 833(l) provides that under these circumstances the employer cannot be ordered to pay benefits for more than one year back from the date the application is filed with the agency.
Sometimes, for various reasons, an employer pays a worker more benefits then he or she is entitled to. Under those circumstances the employer has a right to recover that overpayment from the worker. Usually this is done by reducing future benefits by a specified amount until the overpayment is recovered. Section 833 provides that the employer cannot recover for an overpayment which was made more than one year prior to the date it takes action to recover that overpayment.
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