Teresa Minogue — ADJ12680875

Teresa Minogue, a 9-1-1 dispatcher employed by Santa Cruz Regional 9-1-1 (permissibly self-insured), sustained a cumulative industrial injury to her neck, wrists, hands, shoulders, and elbows over the period April 5, 1990 through March 2, 2019. The WCJ found 21% permanent disability, assigned occupational group 212, and denied defendant a credit against permanent disability indemnity for its overpayment of temporary disability. Defendant petitioned for reconsideration, arguing applicant should have been assigned occupational group 111 and that the WCJ should have allowed a credit for the TD overpayment caused by the PQME's retroactive MMI determination. The Board denied reconsideration, holding the WCJ properly exercised his discretion under Labor Code section 4909 to deny the credit because applicant was not at fault and the credit would be disruptive to the purpose of permanent disability indemnity.