In this discretionary appeal, Renu Thrift Store, Inc. and its insurance company collectively “Renu” appeal a superior court order affirming an order of the State Board of Workers’ Compensation the “Board”, which denied in part Renu’s request for reimbursement of benefits Renu overpaid to Deisy Figueroa and awarded Figueroa attorney fees. Renu contends that the superior court erred in affirming the Board’s ruling 1 by interpreting OCGA § 34-9-245 as barring Renu from obtaining credit for overpayments made more than two years prior to its request for reimbursement, 2 by affirming the ruling that Renu’s bi-weekly overpayments violated OCGA § 34-9-221 b, and 3 by requiring Renu to pay attorney fees as a penalty for unilaterally suspending payments to Figueroa. For the reasons that follow, we affirm. On appeal, the factual findings of the State Board of Workers’ Compensation must be affirmed by the superior court and by the Court of Appeals when supported by any evidence in the administrative record. However, erroneous applications of law to undisputed facts, as well as decisions based on erroneous theories of law, are subject to the de novo standard of review. Citation omitted. Trent Tube v. Hurston .1 So viewed, the record shows that in September 2000, Figueroa was injured while working at Renu Thrift Store. Based on an error made by Renu, Renu began paying Figueroa temporary total disability payments based on an average weekly wage that was materially more than Figueroa’s actual average. From September 2000 to March 2005, Renu paid Figueroa inflated benefits based on the incorrect wage figure, including one period, from November 2003 to January 2005, when the overpayments were erroneously doubled. Renu does not allege that Figueroa caused any of the overpayments. At various times, Renu paid Figueroa’s benefits on either a weekly basis or a pro-rated bi-weekly basis.
After discovering the error, Renu filed on January 26, 2005, a WC-2 Notice of Suspension of Benefits form stating that Renu had overpaid Figueroa $9,280.49 in income benefits, which would be credited toward future permanent partial disability benefits. Renu filed an additional WC-2 form on February 11, 2005 stating that Renu would suspend benefits as of February 21, 2005, which it did. On April 19, 2005, Figueroa filed a motion requesting recommencement of benefits.
