Workers’ Compensation Appeals Board holds that you cannot claim credit for permanent disability advanced on wrong case
- Posted By: Harvey Brown
- August 1, 2019
This is a Decision after reconsideration.
This is a very significant case for workers’ compensation principles.
The applicant sustained a cumulative trauma to the cervical spine and lumbar spine. The applicant also sustained a specific to the cervical spine.
The applicant was found to have a 28 percent permanent disability on the cumulative trauma. The applicant was found to have a 23 percent disability on the specific injury. The doctor had apportioned between the injuries.
The defendant made permanent disability advances of $36,000 on the specific injury. The defendant made no permanent disability advances on the cumulative trauma.
The case went to trial and the defendant claimed credit for overpayment of permanent disability advances on the specific injury. The defendant wanted those overpayments to be applied to the cumulative trauma.
The Workers’ Compensation Judge (WCJ) denied the credit indicating the defendant was not entitled to credit from one injury on to another. The defendant filed a petition for reconsideration contending that since it was a public entity this was an impermissible “gift” by a public entity.
The Workers’ Compensation Appeals Board (WCAB) found no merit to this argument. The WCAB agreed with the WCJ that you can not take credit for permanent disability advances for a specific injury on a separate cumulative trauma injury.