What the panel ordered
Petition for Reconsideration denied.
Petition for Reconsideration filed and denied by the WCAB panel, adopting and incorporating the WCJ report.
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 WCAB panel denied the credit for overpayment because allowing the credit would cause extreme burden and hardship to the applicant, who is of advanced age and significantly disabled, and the overpayment was due to defendant's error.
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
Applicant is 67 years old with significant permanent disability of over 99%
Favours Applicant prevailed
Applicant's advanced age and disability would cause extreme burden and hardship if credit for overpayment was allowed, as it would result in a four-year lapse in life pension benefits
Defendant continued to pay permanent disability benefits after the award was fully paid, causing overpayment