Milagros Paul — ADJ10360307

Applicant, a hair stylist, claimed a cumulative trauma injury and received temporary disability from both the defendant and EDD during overlapping periods. EDD filed a lien seeking reimbursement of $20,436 for disability payments it made from May 9, 2016, to May 7, 2017. The WCJ found EDD entitled to full reimbursement plus interest, reasoning that an employer on notice of an EDD lien who continues making payments does so at its own peril, and that the two-year temporary disability cap under section 4656(c)(2) is calculated only on payments the defendant actually made. Defendant sought reconsideration arguing EDD should be estopped because reimbursement would result in unjust enrichment. The Appeals Board affirmed, holding defendant waived any notice or lien defect issues and that section 4656(c)(2) does not obviate EDD's entitlement to reimbursement under sections 4903 and 4904.