Cole Putnam — ADJ7227217

Tow truck driver Cole Putnam sustained a serious 2009 industrial injury, and the WCJ awarded 81% permanent disability plus a life pension. Both parties sought reconsideration: applicant argued for 100% PD and challenged how attorney's fees were applied against defendant's credit, while defendant argued it should receive a TTD overpayment credit, correct application of the EDD credit, and reversal of the section 5814 penalty. The Board rescinded the F&O, granting defendant's TTD overpayment credit ($6,432.35) and EDD duplicate credit ($920.00) to be applied with the third party credit, affirmed 81% PD based on AME opinions, and deferred multiple issues. The Board deferred the section 5814 penalty question (noting genuine doubt may excuse delay and that a section 4650(d) penalty could also apply), deferred how credit applies (favoring application to PD and life pension before attorney's fees to avoid double recovery), and deferred whether former attorney Rose Klein is entitled to fees under Lewis. The matter was returned to the trial level for further development.