20 CFR 725.542 : Employees' Benefits (§ 1.1 To Parts 1011-1099) — (Part 657 To Parts 1011-1099) — Office Of Workers' Compensation Programs, Department Of Labor (Part 700 To Parts 727-799) — Federal Coal Mine Health And Safety Act Of 1969, As Amended (§ 718.1 To Parts 727-799) — Claims For Benefits Under Part C Of Title Iv Of The Federal Mine Safety And Health Act, As Amended (§ 725.1 To § 725.711) — Payment Of Benefits (§ 725.501 To § 725.548) — Overpayments; Underpayments (§ 725.540 To § 725.548) — When waiver of adjustment or recovery may be applied.

4 Aug 2016

There shall be no adjustment or recovery of an overpayment in any case where an incorrect payment has been made with respect to an individual:

(a) Who is without fault, and where

(b) Adjustment or recovery would either:

(1) Defeat the purpose of title IV of the Act, or

(2) Be against equity and good conscience.

20 CFR 725.542