Wells, Harris

Applicant Harris Wells, a revenue collector, sustained an admitted industrial injury on December 26, 2022 to his bilateral feet, bilateral ankles, and low back. After an expedited trial on temporary disability and attorney's fees, the WCJ found applicant remained temporarily disabled (rejecting the substantiality of Dr. Jindal's reports terminating TD) and awarded 104 weeks of TD plus a 15% attorney's fee, while ruling that defendant was NOT entitled to a credit for reimbursements to EDD because defendant failed to prove any such reimbursements were made, relying on Richter v. Frontier Communications. Defendant petitioned for reconsideration of the EDD-credit ruling. The Board granted reconsideration, finding that the WCJ improperly decided the EDD-credit issue, which was neither raised nor submitted for trial, and failed to issue findings of fact on the framed issues of temporary disability and attorney's fees. The Board rescinded the First Amended Findings and Award and remanded for further development of the record.