Richard Tull — ADJ10228371, ADJ580886, ADJ2267886, ADJ8376625

Applicant Richard Tull filed four consolidated injury claims, including ADJ580886 (specific August 9, 2001 right knee, right ankle, and low back injury) and ADJ10228371 (cumulative right knee injury from August 8, 1999 through May 6, 2013). After receiving AME Dr. Ovadia's July 13, 2009 report suggesting applicant's knee injury warranted new and further benefits, defendant issued a $22,961.83 permanent disability advance on August 28, 2009. Applicant never pursued new and further benefits on the 2001 claim; instead, Dr. Ovadia later opined the additional knee disability was attributable to a cumulative trauma claim. The WCJ initially found defendant failed to prove an overpayment or entitlement to credit. On reconsideration, the Board reversed, finding defendant overpaid PD benefits in ADJ580886 and was entitled to a credit applicable against benefits in the other three cases, deferring the credit amount and returning the matter to the trial level.