Home/Case Law/GREG FOSS vs. COUNTY OF MENDOCINO
Regular DecisionReconsideration

GREG FOSS vs. COUNTY OF MENDOCINO

Filed: Aug 24, 2009
San Francisco
ADJ3726285 (SRO 0134086) ADJ3984614 (SRO 0134094)

CompFox AI Summary

In this workers' compensation case, the defendant sought full credit for $$8,960.00$ paid in temporary disability beyond the statutory 104-week limit. The Workers' Compensation Appeals Board (WCAB) denied reconsideration, affirming the judge's decision to allow only $$2,800.00$ in credit. The WCAB held that while estoppel did not apply, it had discretion under Labor Code section 4909 to limit credit due to the defendant's own error in overpaying benefits. Allowing full credit would be inequitable and create hardship for the applicant who received the overpayments without fault.

Full Decision Text1 Pages

In this workers' compensation case, the defendant sought full credit for $$8,960.00$ paid in temporary disability beyond the statutory 104-week limit. The Workers' Compensation Appeals Board (WCAB) denied reconsideration, affirming the judge's decision to allow only $$2,800.00$ in credit. The WCAB held that while estoppel did not apply, it had discretion under Labor Code section 4909 to limit credit due to the defendant's own error in overpaying benefits. Allowing full credit would be inequitable and create hardship for the applicant who received the overpayments without fault.

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