Metal Siding and Roofing, Inc., SCIF James Kogel WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJAMES KOGEL, Applicant,vs.METAL SIDING AND ROOFING, INC., SCIF Defendants.Case No. ADJ5765976OPINION AND ORDER DENYING PETITION FOR RECONSIDERATION Defendant seeks reconsideration of the March 30, 2010 Findings and Order wherein the workers compensation administrative law judge (WCJ) found that the defendant is not entitled to a credit for temporary disability overpayment against permanent disability. Defendant contends that the WCJ erred in not allowing defendant a credit for temporary disability payments made more than two years after the commencement of temporary disability payments, arguing that the applicant was not entitled to these payments pursuant to Labor Code section 4656(c)(1). We have considered the Petition for Reconsideration and we have reviewed the record in this matter. We have not received an answer from applicant. The WCJ prepared a Report and Recommendation on Petition for Reconsideration (Report), recommending that we deny reconsideration. For the reasons discussed below, we will deny reconsideration. Under Labor Code section 4909, the WCJ may allow a credit for any payment, allowance, or benefit paid by the defendant to the injured employee when it was not then due and payable or when there was a dispute or question concerning the right to compensation. The California , Supreme Court has stated that the allowance of a credit is within the WCAB’s discretion. (City and County of San Francisco v. Workmen’s Comp. Appeals Bd. (Quinn) (1970) 2 Cal. 3d 1001, 1016 [35 Cal.Comp.Cases 390, 395]; Herrera v. Workers’ Comp. Appeals Bd. (1969) 71 Cal.2d 254, 258 [34 Cal.Comp.Cases 382, 384].) In Maples v. Workers’ Comp. Appeals Bd. (1980) 111 Cal.App.3d 827 [45 Cal.Comp.Cases 1106], the Court of Appeal stated that equitable principles are frequently applied to workers’ compensation matters, that equ
