CompFox AI Summary
In this workers' compensation case, the applicant, a police officer, sustained an industrial back injury. The employer, City of El Cerrito, sought a credit for temporary disability indemnity paid after the applicant's industrial disability retirement effective date of September 29, 2010. While the WCJ initially denied this credit, the Appeals Board granted a partial credit for overpayments from September 29, 2010, to March 1, 2011. This decision balanced the employer's good faith cooperation with the applicant against its delay in approving the retirement after receiving notice. The Board found it inequitable to penalize the employer for the entire period, but also determined the employer could have expedited the retirement approval.
Full Decision Text1 Pages
In this workers' compensation case, the applicant, a police officer, sustained an industrial back injury. The employer, City of El Cerrito, sought a credit for temporary disability indemnity paid after the applicant's industrial disability retirement effective date of September 29, 2010. While the WCJ initially denied this credit, the Appeals Board granted a partial credit for overpayments from September 29, 2010, to March 1, 2011. This decision balanced the employer's good faith cooperation with the applicant against its delay in approving the retirement after receiving notice. The Board found it inequitable to penalize the employer for the entire period, but also determined the employer could have expedited the retirement approval.
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