What the panel ordered
The Board rescinds the WCJ's April 23, 2024 Order Granting Petition for Credit and returns the matter to the trial level for further proceedings.
Applicant seeks reconsideration of the WCJ's April 23, 2024 Order Granting Petition for Credit due to Overpayment of Temporary Disability Benefits, alleging due process violation and seeking WCJ disqualification; the WCJ recommended denial of reconsideration; the Board rescinds the order and returns the matter to trial level for further proceedings.
This docket was decided more than once. Shown here is the latest released decision; we also hold July 1, 2024.
What was disputed, and how it came out
Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.
The WCJ summarily granted credit without an evidentiary hearing despite applicant's objection, violating due process; the Board rescinded the order and remanded for further proceedings.
From the decision · page 1Applicant seeks reconsideration of the workers' compensation administrative law judge's (WCJ) "Order Granting Petition for Credit due to Overpayment of Temporary Disability Benefits Pursuant to Labor Code § 4909" (Order) issued on April 23, 2024, wherein the WCJ summarily granted defendant's petition for credit.