American Medical Response; Ace American Insurance Company, Marvin Rogers, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMARVIN ROGERS,Applicant,vs.AMERICAN MEDICAL RESPONSE; ACE AMERICAN INSURANCE COMPANY,Defendants.Case Nos. ADJ9158320ADJ6695957(Sacramento District Office)OPINION AND ORDER DENYING PETITION FOR RECONSIDERATION Defendant seeks reconsideration of a workers’ compensation administrative law judge’s (WCJ) Findings and Award of July 31, 2017 in case ADJ 91583201, wherein it was found that, while employed as a paramedic during a cumulative period ending on November 26, 2012, applicant sustained industrial injury to his lumbar spine, causing temporary disability, permanent disability of 27%, and the need for further medical treatment. The applicant was found entitled to permanent disability indemnity as of September 22, 2014. The defendant had paid applicant temporary disability indemnity through December 12, 2014. At trial, defendant sought credit against its permanent disability liability in the amount of its temporary disability indemnity overpayment corresponding to the period September 22, 2014 through December 12, 2014. However, the WCJ only credited these payments as permanent disability indemnity advances at the lower permanent disability rate. Defendant contends that the WC] erred in not giving it a credit in the amount of its full temporary disability indemnity overpayment. We have received an Answer. We do not have the benefit of the report contemplated by Appeals Board Rule 10860 because the WCJ who issued the decision has retired. Nevertheless, because the requirement of a report is “directory rather than mandatory,” the lack of a report is no impediment to the issuance of our decision. (California Highway Patrol v. Workers’ Comp. 1 Defendant also placed case number ADJ6695957 in the caption of its Petition for Reconsideration. Although this case does not appear to be at issue, we have added it in the caption only
