Mofor, Nadesh

Applicant Nadesh Mofor sustained an industrial injury while working for the CA Department of Corrections, with disputed permanent disability for headaches and a psychiatric component, plus a claimed temporary disability overpayment credit. The WCJ issued an F&A finding 3% ratable PD for headaches after apportionment and denied defendant's TTD overpayment credit of $9,838.54 for the period April 11, 2022 through 'October 21,' 2022. Defendant sought reconsideration arguing a due process violation (F&A issued before its post-trial brief), that QME Dr. Franc's Almaraz/Guzman headache impairment was not substantial medical evidence, and that it was entitled to a TTD overpayment credit. The Appeals Board granted reconsideration solely to correct the temporary disability period to April 11, 2022 to June 2, 2022 as stipulated by the parties, while affirming the F&A in all other respects. The Board held Dr. Franc's analysis complied with Almaraz/Guzman requirements and constituted substantial medical evidence, and that the WCJ properly exercised discretion in denying the overpayment credit because it would wipe out a significant portion (56%) of the PD award.