Mark Enriquez — ADJ21059402

After the parties settled a right shoulder injury claim via Compromise and Release, both the carrier (Sedgwick) and the employer (CTI) issued payments of $46,537.50 to applicant, allegedly resulting in duplicative payments totaling $93,075.00. Defendant filed a Petition for Reimbursement, but the WCJ found that although defendant proved two separate payments were issued, it failed to prove applicant actually received and cashed both checks. The WCJ ordered defendant to take nothing, and defendant sought reconsideration arguing the WCJ improperly considered an authentication issue not in the PTCS and should have developed the record. The Board denied reconsideration, holding defendant failed to meet its burden of proof under Labor Code section 3202.5 because it offered no evidence of receipt or cashing, declined to question applicant when given the chance, and could not rely on 'off the record' statements or facts not in evidence.