Home/Case Law/SHAWN GUTE vs. THE RYAN COMPANY, OLD REPUBLIC WORK COMP
Regular DecisionReconsideration

SHAWN GUTE vs. THE RYAN COMPANY, OLD REPUBLIC WORK COMP

Filed: Feb 22, 2000
Van Nuys
ADJ8990594

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The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration, upholding the denial of a credit for temporary disability overpayments against the applicant's permanent disability award. The Board found that allowing the credit would effectively eliminate the permanent disability benefits and that such credit allowances are discretionary. The WCAB adopted the WCJ's reasoning, emphasizing that the statutory purpose of permanent disability benefits would be undermined. The defendant's argument that they overpaid temporary disability after the agreed medical evaluator found the applicant permanent and stationary was rejected as a basis to disturb the WCJ's discretionary denial of credit.

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Here's a summary of the case for a lawyer:

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration, upholding the denial of a credit for temporary disability overpayments against the applicant's permanent disability award. The Board found that allowing the credit would effectively eliminate the permanent disability benefits and that such credit allowances are discretionary. The WCAB adopted the WCJ's reasoning, emphasizing that the statutory purpose of permanent disability benefits would be undermined. The defendant's argument that they overpaid temporary disability after the agreed medical evaluator found the applicant permanent and stationary was rejected as a basis to disturb the WCJ's discretionary denial of credit.

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