CompFox AI Summary
The Appeals Board granted reconsideration to address the defendant's contention that the WCJ erred in denying credit for overpaid permanent disability benefits. In one case (ADJ1415534), the Board found the defendant entitled to credit for benefits paid in another case (ADJ4508242) due to an overpayment, amending the original award. However, the Board affirmed the WCJ's denial of credit in a third case (ADJ8919366), finding that allowing such credit would materially impair the applicant's permanent disability award. The Board emphasized that the discretion to allow credit involves balancing equities and considering the impact on the applicant's benefits.
Full Decision Text1 Pages
The Appeals Board granted reconsideration to address the defendant's contention that the WCJ erred in denying credit for overpaid permanent disability benefits. In one case (ADJ1415534), the Board found the defendant entitled to credit for benefits paid in another case (ADJ4508242) due to an overpayment, amending the original award. However, the Board affirmed the WCJ's denial of credit in a third case (ADJ8919366), finding that allowing such credit would materially impair the applicant's permanent disability award. The Board emphasized that the discretion to allow credit involves balancing equities and considering the impact on the applicant's benefits.
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