Tate, Donald

Applicant Donald Tate had two claims: a cumulative trauma injury (ADJ13411734, period ending 7/8/2017) and a specific left knee injury (ADJ11084519, 7/8/2017). A final December 22, 2022 Joint Findings and Award established TTD in the cumulative case from January 19, 2021 to November 10, 2021. Defendant sought reconsideration of a November 2, 2023 award, arguing entitlement to a credit for TTD paid in the specific case (paid from 8/26/2017 to 8/27/2019) and challenging the imposition of maximum section 5814 penalties and attorney's fees. The Board affirmed the denial of credit because there was no overlap between the periods and defendant failed to litigate the TTD period earlier, but granted reconsideration to defer the penalty and fee issues pending further proceedings and a fuller WCJ analysis.