Greg Foss, vs. County Of Mendocino, Permissibly Self- Insured And Administered By G. B. Bragg & Associates, Inc.,

This case is about the County of Mendocino, which was permissibly self-insured and administered by G. B. Bragg & Associates, Inc., and Greg Foss, the applicant. The County of Mendocino sought reconsideration of the May 29, 2008 Findings and Order of the Workers' Compensation Administrative Law Judge (WCJ) who found that the County was entitled to credit in the amount of $2,800.00 against its claim for credit of $8,960.00. The WCJ denied the reconsideration because the WCJ properly exercised his discretion under section 4909 to limit the credit allowed to the County. The WCJ found that it would be inequitable to allow the County to receive the full amount

COUNTY OF MENDOCINO, permissibly self- insured and administered by G. B. BRAGG & ASSOCIATES, INC., GREG FOSS, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAGREG FOSS, Applicant,vs.COUNTY OF MENDOCINO, permissibly self-insured and administered by G. B. BRAGG & ASSOCIATES, INC., Defendants.Case Nos. ADJ3726285 (SRO 0134086)ADJ3984614 (SRO 0134094)OPINION AND ORDER DENYING RECONSIDERATION            Defendant seeks reconsideration of the May 29, 2008 Findings and Order of the Workers’ Compensation Administrative Law Judge (WCJ) who found that defendant was entitled to credit in the amount of $2,800.00 against its claim for credit of $8,960.00. Applicant’s claim of industrial injury to his low back while working for defendant as an Animal Control Director on June 25, 2004, and during the cumulative trauma period preceding that date, was earlier addressed on February 7, 2008-by entry of a stipulated award of 43.5% permanent disability and future medical treatment.            Defendant contends that it should have been allowed full credit for the $8,960.00 it claimed because that is the amount of temporary disability indemnity it paid applicant in excess of the 104 week limitation contained in section 4656(c)(1), and because the WCJ incorrectly concluded that it is estopped from obtaining credit for the full amount of the claimed overpayment.1            deny reconsideration because the WCJ properly exercised his discretion under section 4909 to limit the credit allowed defendant. Although we agree with defendant that estoppel does 1Further statutory references are to the Labor Code. , not apply to preclude the claim for credit, section 4909 provides that the WCAB has discretion in determining the amount of any credit allowed for a claimed indemnity benefit overpayment. Here, it was defendant’s own failure to comply with the provisions of section 4656 that led to the overpayment, and the applicant received the payments without fault on his part and in good faith.

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