COUNTY OF LOS ANGELES/OLIVE VIEW MEDICAL CENTER TRISTAR RISK MANAGEMENT ELIZABETH VALADEZ WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAELIZABETH VALADEZ, Applicant,vs.COUNTY OF LOS ANGELES/OLIVE VIEWMEDICAL CENTER; TRISTAR RISKMANAGEMENT, Defendants.Case No. ADJ7062947(Van Nuys District Office)ORDER DENYINGPETITION FORRECONSIDERATION We have considered the allegations of the Petition for Reconsideration and the contents of the report of the workers’ compensation administrative law judge (WCJ) with respect thereto. Based on our review of the record, and for the reasons stated in said report which we adopt and incorporate, we will deny reconsideration. In addition, we note that defendant is not entitled to credit for overpayment of temporary disability upon a mere showing that some temporary disability may have been overpaid. Rather, it is within the discretion of the. WCAB to allow or disallow credit based upon a consideration of the evidence presented and the policy behind workers’ compensation, in conjunction with a weighing of the equities between the parties. (Maples v. Workers’ Comp. Appeals Bd. (1980) 11 l Cal.App.3d 827 (45 Cal.Comp.Cases 1106].) Here the WCJ did not abuse her discretion in disallowing credit because, for one thing, defendant did not meet its burden of specifically establishing the dates and amounts of overpayment.1 Furthermore~ since no explanation for the overpayment was presented – the case was submitted on exhibits without testimony from a claims examiner – there was an utter failure to show good cause to allow credit. 1 Although defendr.nt apparently relies on the I 04-week limitation on temporary disability payments set forth in the 2004 version of Labor Code section 4656, defendant’s petition is so Jacking in specifics it fails to establish exactly when and how it paid more than 104 W’eeks of temporary disability indemnity. It is not incumbent upon the Board to make defendant’s case. (See Lab. C
