CompFox AI Summary
The Appeals Board rescinded the original award due to a factual error regarding the calculation of temporary disability indemnity and its interaction with Labor Code section 4656(c)(1). The case is remanded for the WCJ to re-determine the correct amount of the third-party credit and the overpayment of temporary disability indemnity. Crucially, any credit for overpayment of temporary disability indemnity must be applied before the third-party recovery credit to avoid double recovery. The WCJ must also reconsider whether credit against future medical treatment is appropriate based on case law.
Full Decision Text1 Pages
The Appeals Board rescinded the original award due to a factual error regarding the calculation of temporary disability indemnity and its interaction with Labor Code section 4656(c)(1). The case is remanded for the WCJ to re-determine the correct amount of the third-party credit and the overpayment of temporary disability indemnity. Crucially, any credit for overpayment of temporary disability indemnity must be applied before the third-party recovery credit to avoid double recovery. The WCJ must also reconsider whether credit against future medical treatment is appropriate based on case law.
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