Newkirk, Michael

Applicant Michael Newkirk, a police officer, sustained two separate industrial low back injuries (April 24, 2017 and October 29, 2017) resulting in two separate 34% permanent disability awards. The QME found his condition permanent and stationary as of May 27, 2021, but because the report was not signed, served, or received until late June 2021, defendant continued paying temporary disability indemnity until June 29, 2021, resulting in a $6,587.79 overpayment. The WCJ allowed defendant a credit for the overpayment against permanent disability indemnity, and applicant sought reconsideration challenging that credit. The Board denied reconsideration, holding the WCJ did not abuse his discretion because defendant was not negligent, applicant showed no reliance or special factors, and denying credit would discourage prompt payment of benefits and contravene the public policy against double recovery.