Norman Hoskin, vs. Sun Healthcare Group And Continental Casualty Company, Administered By Cna Claim Plus,

In this case, Norman Hoskin is seeking reconsideration of a decision made by a workers' compensation administrative law judge (WCJ) that granted the defendant's petition for credit of overpayment of temporary disability indemnity against vocational rehabilitation maintenance allowance. The WCJ's decision was made on January 26, 2009, and the applicant is arguing that the defendant should not be allowed credit for an overpayment of indemnity benefits that occurred four years ago. The Workers' Compensation Appeals Board granted the petition for reconsideration in order to allow sufficient opportunity to further study the factual and legal issues in the case.

SUN HEALTHCARE GROUP and CONTINENTAL CASUALTY COMPANY, administered by CNA CLAIM PLUS, NORMAN HOSKIN, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIANORMAN HOSKIN, Applicant,vs.SUN HEALTHCARE GROUP and CONTINENTAL CASUALTY COMPANY,administered by CNA CLAIM PLUS, Defendants.Case No. ADJ3638741 (RDG 0095962)OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION            Applicant seeks reconsideration of the Findings, Award and Order filed on January 26, 2009, wherein the workers’ compensation administrative law judge (WCJ) granted defendant’s petition for credit of overpayment of temporary disability indemnity against vocational rehabilitation maintenance allowance. Applicant contends that defendant should not be allowed credit for an overpayment of indemnity benefits that occurred four years ago. Additionally, applicant contends that the WCJ should have awarded attorney fees to applicant’s attorney for services provided in conjunction with obtaining retroactive vocational rehabilitation maintenance allowance.            Taking into the account the statutory time constraints for acting on the petitions for reconsideration, and based upon our initial review of the record, we believe reconsideration must be granted in order to allow sufficient opportunity to further study the factual and legal issues in this case. We believe that this action is necessary to give us a complete understanding of the record and to enable us to issue a just and reasoned decision. Reconsideration will be granted for this purpose and for such further proceedings as we may hereinafter determine to be appropriate.            For the foregoing reasons,            IT IS HEREBY ORDERED that the Petitions for Reconsideration of the decision of , January 14, 2009, be, and they hereby are, GRANTED.            IT IS FURTHER ORDERED that pending the issuance of a Decision After Reconsideration in the above case, all further correspondence, objections, motions, requests and communications s

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