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

Case No. 2019 NY Slip Op 04295 [172 AD3d 655]
Regular Panel Decision
May 30, 2019

Capital Bus. Credit LLC v. Tailgate Clothing Co., Corp.

The Appellate Division, First Department, affirmed a Supreme Court order regarding a dispute between Capital Business Credit LLC (plaintiff) and Tailgate Clothing Company, Corp. (defendant). Plaintiff purchased accounts receivable from a nonparty related to clothing manufacturing. Defendant paid some invoices but left 12 outstanding. Defendant claimed an equitable recoupment credit for payments made to the Worker Rights Consortium (WRC) for severance pay to Honduran workers, which became due after the manufacturer violated local law by not paying severance. The Court found issues of fact precluding summary judgment on the account stated claim and correctly sustained the equitable recoupment defense, noting it was based on transactions linked to the defendant's licensing and manufacturing agreements. The court also rejected plaintiff's waiver and estoppel arguments.

Equitable recoupmentAccount stated claimSummary judgmentAccounts receivableBreach of contractTimeliness of objectionLicensing agreementManufacturing agreementHonduran labor lawSeverance pay
References
6
Case No. AHM 0093986 AHM 0116200
Regular
Jan 15, 2008

Dawn Keep vs. CHINO VALLEY MEDICAL CENTER, BROADSPIRE INSURANCE COMPANIES, STATE COMPENSATION INSURANCE FUND

The applicant sought reconsideration of a workers' compensation award, primarily challenging the permanent disability rating and the employer's credit for temporary disability overpayments. The Board affirmed the permanent disability findings but rescinded the overpayment credit, deferring that issue to allow for determination of the applicant's permanent and stationary date and clarification of overlapping cumulative trauma and temporary disability periods. This action requires the WCJ to first establish these dates before ruling on any potential overpayment credit.

Cumulative traumaPermanent disability ratingApportionmentAgreed Medical Examiner (AME)Escobedo v. Workers' Comp. Appeals Bd.Temporary disability overpaymentPermanent and stationary dateZurich AmericaState Compensation Insurance Fund (SCIF)WCJ Report and Recommendation
References
1
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
12
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
6
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
1
Case No. ADJ14336798
Regular
Oct 20, 2025

NADESH MOFOR vs. CA DEPARTMENT OF CORRECTIONS, STATE COMPENSATION INSURANCE FUND MCO, STATE EMPLOYEES SACRAMENTO

Defendant sought reconsideration of a July 23, 2025 Finding of Fact and Award (F&A) concerning applicant Nadesh Mofor's permanent disability for headaches and a temporary total disability (TTD) overpayment credit. Defendant contended its due process rights were violated due to the F&A issuing before its post-trial brief was considered, that the medical evidence for headaches was insubstantial, and that it was entitled to TTD overpayment credit. The Appeals Board granted reconsideration solely to correct the stipulated period of temporary disability from April 11, 2022, to June 2, 2022, and otherwise affirmed the F&A, concluding that the medical evidence for headaches was substantial and the denial of TTD overpayment credit was within the WCJ's discretion.

WORKERS' COMPENSATION APPEALS BOARDNADESH MOFORCA DEPARTMENT OF CORRECTIONSSTATE COMPENSATION INSURANCE FUNDADJUDICATION NUMBERSOPINION AND ORDER GRANTING PETITION FOR RECONSIDERATIONFINDING OF FACT AND AWARDPERMANENT DISABILITYAPPORTIONMENTTEMPORARY TOTAL DISABILITY OVERPAYMENT
References
9
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
8
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
17
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
13
Case No. ADJ4549159
Regular
Jul 05, 2011

ROCCO GRIMALDI vs. CITY OF FULLERTON, ADMINSURE

In this workers' compensation case, the Appeals Board denied the applicant's petition for reconsideration. The applicant sought to overturn a finding that the defendant was entitled to a credit for overpayment of permanent disability indemnity against the applicant's future medical treatment. The majority found that awarding the credit was within the WCJ's discretion, despite the applicant's arguments of inequity. Commissioner Brass dissented, arguing that the overpayment resulted from the defendant's denial of medical treatment and the applicant should not be penalized with a credit against future medical care.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardPermanent Disability IndemnityFuture Medical TreatmentCredit for OverpaymentInequityCompensable ConsequenceQualified Medical ExaminerAgreed Medical Examiner
References
11
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