David Roundtree — ADJ11228310

Applicant David Roundtree, a steamfitter, sustained accepted injuries to his left leg, knee, foot, hips, back, and wrist when struck by a car at the Chevron Refinery. Defendant sought a credit against permanent disability for an alleged TTD overpayment of $22,569.30 for the period August 10, 2019 through December 17, 2019, arising because the QME, Dr. Jared Myers, initially deferred findings due to the defendant's failure to provide medical records before the exam, then later found applicant P&S retroactive to the original exam date. The WCJ denied the credit, finding the delay and resulting overpayment were largely attributable to defendant's failure to timely provide records to the QME as required by WCAB Rule 35(a). The WCAB granted reconsideration to study the issues but ultimately affirmed the February 11, 2021 Findings and Order denying the credit, adopting the WCJ's Opinion on Decision.