
    CARTER v KELSEY-HAYES COMPANY
    1. Workmen’s Compensation—Overpayment—Statute of Limitations—Tolling.
    The operation of the statute limiting recoupment of overpayment of workmen’s compensation to a period of one year prior to the date of taking action to recover is tolled while the claim is pending on appeal (MCLA 418.833).
    2. Workmen’s Compensation—Overpayment—Reimbursement— Statute of Limitations.
    Recovery of an overpayment resulting from an incorrect computation of a workmen’s compensation award covering the five years the claim was in the appeal process is not barred by the one-year statute of limitations where the request for reimbursement was made six months after the overpayment (MCLA 418.833).
    References for Points in Headnotes
    
       51 Am Jur 2d, Limitation of Actions § 134.
    66 Am Jur 2d, Restitution and Implied Contracts § 154.
    Appeal from Workmen’s Compensation Appeal Board.
    Submitted Division 1 February 11, 1974, at Detroit.
    (Docket No. 17417.)
    Decided March 29, 1974.
    Claim by William S. Carter against Kelsey-Hayes Company for workmen’s compensation. Compensation granted. Defendant’s petition for reimbursement of overpayment allowed. Plaintiff appeals by leave granted.
    Affirmed.
    
      Kozlow, Jasmer & Woll, P. C. (by John L. Crowley), for plaintiff.
    
      Lacey & Jones (by Hayim I. Gross), for defendant.
    
      Before: V. J. Brennan, P. J., and McGregor and T. M. Burns, JJ.
   Per Curiam.

Plaintiff was granted workmen’s compensation benefits following a hearing before a referee in July, 1967. After a lengthy appeal process culminating in the decision of the Michigan Supreme Court, Carter v Kelsey-Hayes Company, 386 Mich 610; 194 NW2d 326 (1972), the defendant paid plaintiff approximately $22,000, representing payments which had accrued during the pendency of the appeal.

Within six months of this payment, the defendant discovered that reductions authorized by MCLA 418.357; MSA 17.237(357) had not been computed, and petitioned for reimbursement of this overpayment. The referee ruled that the statute prohibited recovery of the overpayment for the period more than one year prior to the date of the defendant’s claim. The Workmen’s Compensation Appeal Board modified the referee’s decision and allowed recovery of the total overpayment. Plaintiff was granted leave to appeal to this Court on September 10, 1973.

The limitation provisions of MCLA 418.833; MSA 17.237(833) do not bar recovery of the entire amount by which the plaintiff was overpaid. That statute is not literally applicable to the facts of this case, and its operation was tolled during the pendency of the original appeal. White v Michigan Consolidated Gas Co, 352 Mich 201, 212; 89 NW2d 439 (1958). See also Samels v Goodyear Tire & Rubber Co, 323 Mich 251, 256-259; 35 NW2d 265 (1948).

The order of the Workmen’s Compensation Appeal Board is affirmed.  