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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. ADJ3133261 (VNO 0400017)
Regular
Aug 17, 2010

FELIPE TOLENTINO vs. CONCO CEMENT, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, XCHANGING INC., FREMONT COMPENSATION

The Workers' Compensation Appeals Board (WCAB) dismissed the lien claimant's petition for reconsideration as premature. The WCAB granted the defendant's petition for reconsideration regarding the temporary disability overpayment issue, deferring it for further proceedings. The Board affirmed the WCJ's findings on injury causation and permanent disability but amended the decision to clarify the overpayment issue. Finally, the WCAB issued a notice of intention to sanction defendant's counsel for attaching and citing unadmitted evidence.

Workers' Compensation Appeals BoardFELIPE TOLENTINOCONCO CEMENTCALIFORNIA INSURANCE GUARANTEE ASSOCIATIONXCHANGING INC.FREMONT COMPENSATIONliquidationADJ3133261VNO 0400017OPINION AND ORDERS DISMISSING PETITION FOR RECONSIDERATION AND GRANTING PETITION FOR RECONSIDERATION
References
Case No. ADJ1813321 (VNO 0442387) ADJ2137452 (VNO 0437010) ADJ4652658 (VNO 0521481)
Regular
May 02, 2019

NANCY SAVACOOL vs. LOS ANGELES UNIFIED SCHOOL DISTRICT

The Workers' Compensation Appeals Board granted the defendant's petition for reconsideration to clarify the scope of the previous decision. However, they affirmed the judge's finding that the defendant is not entitled to a credit in Case No. ADJ2137452 for alleged overpayments in Case No. ADJ1813321. The Board found that the defendant failed to sufficiently prove the overpayment at the trial level, presenting only a benefit printout lacking evidence of when checks were cashed. Furthermore, arguments regarding applicant fault were raised for the first time on reconsideration without supporting evidence, and the defendant offered no justification for not developing the record at trial.

ADJ1813321ADJ2137452overpaymentpermanent disabilitycreditStipulations with Request for AwardPetition for CreditFindings of FactReconsiderationWCJ
References
Case No. ADJ12340832
Regular
Sep 14, 2022

JOSE PEREZ vs. VILLA PARK LANDSCAPE, CALIFORNIA INSURANCE COMPANY, APPLIED RISK SERVICES

The applicant sought reconsideration of an award that found industrial injury to his back and entitled him to disability benefits, but also granted the defendant a credit for temporary disability overpayment. The Appeals Board affirmed the award of disability benefits but deferred the issue of the credit for temporary disability overpayment. This deferral is due to the defendant failing to present evidence or provide a clear explanation for the alleged overpayment, and the potential conflict between temporary and permanent disability indemnity purposes. Further proceedings are recommended to determine if the credit should be awarded.

WCABReconsiderationFindings of Fact and AwardIndustrial InjuryTree TrimmerTemporary DisabilityPermanent DisabilityCredit for OverpaymentAgreed Medical Examination (AME)Primary Treating Physician (PTP)
References
Case No. ADJ4222945
Regular
Mar 26, 2015

MOLLY EVANS vs. RES CARE OF CALIFORNIA, ACE USA

This case involves a dispute over an overpayment of $734.33 in workers' compensation benefits. The applicant contested the defendant's right to credit for this overpayment, arguing it was a result of paying the attorney fee. The Workers' Compensation Appeals Board (WCAB) granted reconsideration, rescinded the administrative law judge's (ALJ) prior decision, and remanded the matter for further proceedings. The WCAB found that the issue of the $64.00 discrepancy requires further assessment and that the prior award of credit for the $734.33 overpayment should be reviewed for penalties and interest.

WCABPetition for ReconsiderationFindings and AwardCredit for overpaymentAttorney feeStipulations with Request for AwardPermanent disabilityLabor Code § 4909Discretionary authorityUnjust enrichment
References
Case No. ADJ3673133 (VNO 0543877)
Regular
Sep 13, 2013

DAN GOLDFIELD vs. CITY OF WEST COVINA

The Workers' Compensation Appeals Board granted reconsideration and modified a prior award to allow the defendant employer a $30,000 credit for temporary disability indemnity paid to a firefighter during the pendency of his retroactive disability retirement. While the Board agreed with the Administrative Law Judge that the employer was entitled to some credit for the overpayment, they exercised discretion under Labor Code Section 4909 to grant a partial credit, deeming a full credit inequitable. The Board found that the overpayment was made in good faith, but the applicant would suffer hardship if the full amount was credited, given the payments were due when made and the employer delayed in raising the credit issue. Therefore, a compromise credit of $30,000 was awarded instead of the initial $1,505.44 or the employer's requested $69,120.88.

Workers' Compensation Appeals BoardCity of West Covinafirefightertemporary disability indemnityoverpaymentcreditpermanent disabilitydisability retirementLabor Code section 4909substantial medical evidence
References
Case No. ADJ4303745 (MON 0347631) ADJ2509411 (MON 0347633)
Regular
Apr 30, 2012

THEMAS RICHARDSON vs. COUNTY OF LOS ANGELES

The County of Los Angeles sought credit for overpaid temporary disability benefits against permanent disability awards for applicant Thomas Richardson. The Appeals Board granted reconsideration to allow credit for overpayments, but only against the permanent disability award in the specific injury case (ADJ2509411), not the cumulative trauma case (ADJ4303745). The Board found the overpayments stemmed from administrative error by the defendant and were not due to applicant's fault, limiting the credit to avoid hardship. Therefore, the award in ADJ2509411 was amended to allow credit, but no attorney fees could be paid as the credit eliminated any remaining permanent disability indemnity.

Workers' Compensation Appeals BoardReconsiderationTemporary DisabilityPermanent DisabilityLabor Code Section 4656(c)(1)CreditOverpaymentCumulative TraumaSpecific InjuryFire Captain
References
Case No. ADJ210489 (EUR 30819)
Regular
Aug 28, 2008

RICHARD A. GREENE vs. EEL RIVER SAWMILLS, SELFINSURERS' SECURITY FUND

Reconsideration denied for $7,008.56 credit allowed to defendant for TDI overpayment against liability for further medical treatment. Applicant worked for another employer while receiving TDI.

Workers' Compensation Appeals BoardEel River SawmillsSelf-Insurers' Security FundTemporary Disability IndemnityCreditOverpaymentMedical TreatmentIndustrial InjuryCleanup WorkerBankruptcy
References
Case No. MON 0328875
Regular
Apr 29, 2008

LUIS I. MORA vs. COUNTY OF LOS ANGELES, CAMBRIDGE INTEGRATED SERVICES (Adjusting Agent)

The Workers' Compensation Appeals Board granted reconsideration to allow the defendant credit for temporary disability overpayments against permanent disability indemnity. The Board found that the overpayment resulted from a delayed medical report, not employer fault, and the credit was not significantly detrimental to the applicant. Consequently, the defendant is now entitled to offset the temporary disability overpayment from the permanent disability award.

Temporary disability overpaymentPermanent disability indemnityCredit for overpaymentLabor Code Section 4909Substantial evidenceMaximum recoveryResidual impairmentWage replacementEquitable estoppelAgreed Medical Evaluator
References
Case No. ADJ3726285 (SRO 0134086) ADJ3984614 (SRO 0134094)
Regular
Aug 24, 2009

GREG FOSS vs. COUNTY OF MENDOCINO

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.

Workers' Compensation Appeals BoardGREG FOSSCOUNTY OF MENDOCINOG. B. BRAGG & ASSOCIATESINC.ADJ3726285ADJ3984614Denying ReconsiderationCreditTemporary Disability Indemnity
References
Case No. ADJ4713554
Regular
Oct 19, 2010

JULIAN ARVIZU vs. COUNTY OF FRESNO

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.

Third-party recoverycredittemporary disability indemnityoverpaymentfuture medical treatmentLabor Code section 4850Labor Code section 4656(c)(1)permanent and stationary dateAgreed Medical Examinerrescinded decision
References
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