Questione giuridica chiave
Whether the insured received the overpaid daily benefits in good faith and may obtain a waiver of repayment under Art. 25 ATSG.
Decisione estratta
No. The amount paid was so clearly above his prior earnings that he should have noticed the error and asked; his failure to check amounted to gross negligence, excluding good faith.
Motivazione estratta
Good faith requires more than ignorance of the error. A beneficiary must also use due care, including a duty to check obvious discrepancies and inquire. Here, the daily benefit and later payments were markedly higher than his prior wages and even his reduced earnings after partial return to work, making the mistake readily apparent.