CompFox AI Summary
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.
Full Decision Text1 Pages
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.
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