Home/Case Law/MARGUERITE KINSELLA vs. SIMI VALLEY HOSPITAL, ADVENTIST HEALTH
Regular DecisionReconsideration

MARGUERITE KINSELLA vs. SIMI VALLEY HOSPITAL, ADVENTIST HEALTH

Filed: Jul 03, 2013
Van Nuys
ADJ7318712

CompFox AI Summary

The Appeals Board granted reconsideration to allow the defendant a credit for overpaid temporary disability indemnity against retroactive temporary disability indemnity, subject to proof. The Board affirmed the WCJ's findings on the industrial injury and permanent disability, except for the credit issue. Defendant's claim for credit for overpaid permanent disability was denied as the award was already paid, though the possibility of future credit upon reopening was noted. The Board also clarified the attorney's fees award, requiring payment with "new money" if prior awards were already paid.

Full Decision Text1 Pages

The Appeals Board granted reconsideration to allow the defendant a credit for overpaid temporary disability indemnity against retroactive temporary disability indemnity, subject to proof. The Board affirmed the WCJ's findings on the industrial injury and permanent disability, except for the credit issue. Defendant's claim for credit for overpaid permanent disability was denied as the award was already paid, though the possibility of future credit upon reopening was noted. The Board also clarified the attorney's fees award, requiring payment with "new money" if prior awards were already paid.

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