CompFox AI Summary
This case concerns an applicant who sustained an industrial injury to her right elbow, with the primary dispute revolving around the permanent and stationary (P&S) date and subsequent credit for overpaid temporary disability benefits. The Workers' Compensation Appeals Board (WCAB) granted reconsideration, overturning the original decision. The WCAB found the applicant's condition became permanent and stationary on June 8, 2009, based on the Agreed Medical Evaluator's (AME) report, not March 1, 2009, as previously determined. Consequently, the defendant is not entitled to a credit for overpaid temporary disability indemnity, as the applicant was unable to return to work until released by her physician.
Full Decision Text1 Pages
This case concerns an applicant who sustained an industrial injury to her right elbow, with the primary dispute revolving around the permanent and stationary (P&S) date and subsequent credit for overpaid temporary disability benefits. The Workers' Compensation Appeals Board (WCAB) granted reconsideration, overturning the original decision. The WCAB found the applicant's condition became permanent and stationary on June 8, 2009, based on the Agreed Medical Evaluator's (AME) report, not March 1, 2009, as previously determined. Consequently, the defendant is not entitled to a credit for overpaid temporary disability indemnity, as the applicant was unable to return to work until released by her physician.
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