Crough, Michael

Defendant CIGA (for Fremont Insurance in liquidation) sought reconsideration of a WCJ's Findings of Fact holding that it was not entitled to credit for $34,738.40 in permanent disability advances because those advances were not included in the September 26, 2023 Stipulation with Request for Award. Defendant argued the Findings constituted an ultra vires modification of the Award, since the Stipulation provided defendant was entitled to credit for all PD advances. The Board granted reconsideration but affirmed the WCJ as amended, holding that credit for overpayment under Labor Code section 4909 is discretionary and governed by equitable principles, and that defendant bore the burden of proof. Because defendant offered no evidence and failed to describe the benefits against which it sought credit (as required by WCAB Rule 10555), it failed to meet its burden. The Board amended the Findings to deny defendant's Petition for Credit of Overpayment of Permanent Disability.