J.C. Penney Co. v. Workers' Comp. Appeals Bd., No. C059760
In a dispute involving the payment of disability indemnity, the decision and award of the Workers Compensation Appeals Board is annulled and remanded where: 1) part of the overpayment credit sought by plaintiff is barred by Labor Code sec. 4062 as the statute did not extend the permanent and stationary date until the time the agreed medical examiner rendered an opinion that the worker's condition was permanent and stationary; and 2) the record does not support an equitable bar to the overpayment credit.
Petition for Writ of Review. Joseph S. Samuel, Workers' Compensation Administrative Law Judge. Decision and award annulled and remanded with directions.
THIRD APPELLATE DISTRICT
Filed July 7, 2009
Before: BUTZ, J., NICHOLSON, Acting P.J., HULL, J.
For Respondent: Neil P. Sullivan; Metzinger and Associates, Ronald M. Metzinger.