What the panel ordered
Petition for reconsideration granted in part; WCJ's decision amended to allow credit for temporary disability payments made by defendant but not for EDD benefits; temporary disability award affirmed and clarified to be against the insurance carrier.
Defendant petitioned for reconsideration of the October 13, 2023 Findings and Award by the WCJ, challenging the failure to allow credit for EDD benefits.
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.
Defendant was not entitled to credit for EDD benefits because no reimbursement to EDD had been made at the time of trial, and failure to reimburse EDD prevented applicant from accessing additional State Disability Indemnity benefits.
From the decision · page 3At the time of trial, no evidence was presented that EDD has been reimbursed. Therefore, defendant cannot take credit for a payment that was never made. Furthermore, at the time of trial, the parties were given an opportunity to file post-trial briefs. Defendant filed such brief on September 8, indicating that an agreement was reached to settle with EDD on the day of trial, with such settlement including interest. (Defendant post-trial brief, page 2, lines 23-24) Again, although a settlement may have been reached, it did NOT confirm that any payment to EDD has been made in full and final satisfaction of the agreement.