Hernandez, Maria

Maria Hernandez sustained an admitted industrial injury to her neck and right shoulder on February 16, 2019 while working as a bakery wrapper for Costco. The WCJ awarded 21% permanent disability and future medical treatment, but also granted defendant a credit for temporary disability indemnity paid beyond the 104-week statutory cap, applied at the permanent disability rate of $290/week. Applicant sought reconsideration arguing defendant was barred from credit for failure to file a petition for credit and that the equities did not favor a credit. The Board held that failure to file a petition for credit under Rule 10555 does not bar a credit claim, but found the record insufficient to determine the actual overpayment amount or whether the equities favored a credit. The Board granted reconsideration, amended the F&A to find an overpayment occurred while deferring the amount and equity determinations, and remanded for further development of the record.