Case Law Database

RONNIE BROWN vs. MASTER PLUMBING, RISK ENTERPRISE MANAGEMENT, AMERICAN ALL RISK LOSS

In this workers' compensation case, the defendant sought reconsideration of a prior Board decision that had granted them a Petition for Reconsideration and amended a WCJ's decision to deny the applicant temporary disability indemnity. The defendant argued the Board erred by not finding them entitled to a credit for temporary disability already paid during that period. The Board denied the defendant's petition, stating that the issue of credit for overpayment is discretionary under Labor Code section 4909 and should have been addressed at the trial level by the WCJ. Therefore, the defendant's petition for reconsideration of the denial of the credit was denied.