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summarily granted credit without an evidentiary hearing despite applicant's objection, violating due process; the Board rescinded the order and remanded for further proceedings.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.
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
Applicant objected to the credit petition and requested an evidentiary hearing, which was not held.
Favours Applicant prevailed
Without an evidentiary hearing or evidence, the Board could not determine if credit was due, necessitating remand.
From the decision · page 2Here, the WCJ summarily issued an order awarding credit for alleged overpayment of temporary disability. The order issued in response to a petition, which is appropriate, but only when the parties do not object. Here, applicant clearly objected and requested an evidentiary hearing. As no such hearing was held and no evidence was presented, there is no record for us to determine whether a credit is due. Accordingly, we are compelled to return this matter to the trial level so that the parties may proceed to an evidentiary hearing.
The rules the panel named
Authorities as the decision cited them, with how this panel applied each one.
Hamilton v. Lockheed Corporation (2001) 66 Cal.Comp.Cases 473
Labor Code 5313 requires a WCJ to make and file findings upon all facts involved in the controversy and state reasons or grounds for the determination.
The WCJ's order granting credit was summarily issued without findings or evidentiary support, violating this standard.
From the decision · page 2The WCJ shall "... make and file findings upon all facts involved in the controversy[.]" (§ 5313; see also, Hamilton v. Lockheed Corporation (Hamilton) (2001) 66 Cal.Comp.Cases 473, 476 (Appeals Board en banc).)
What proof carried it
The evidence the panel weighed, by kind.
No evidentiary hearing was held and no evidence was presented on the credit petition despite applicant's objection and request for hearing.
From the decision · page 2Here, the WCJ summarily issued an order awarding credit for alleged overpayment of temporary disability. The order issued in response to a petition, which is appropriate, but only when the parties do not object. Here, applicant clearly objected and requested an evidentiary hearing. As no such hearing was held and no evidence was presented, there is no record for us to determine whether a credit is due. Accordingly, we are compelled to return this matter to the trial level so that the parties may proceed to an evidentiary hearing.
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About this page
- A published decision of the California Workers' Compensation Appeals Board, taken apart by what it turned on. The Board publishes the decision itself; this page adds the extraction and quotes the passage behind every claim.
- The injured worker is not named here, and the case caption is not printed. Physicians appear as the decision names them, because a medical opinion is an act in a public proceeding.
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