California Court of Appeal

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J.C. Penney Co. v. Workers' Comp. Appeals Bd., C059760

In a dispute involving the payment of disability indemnity, the decision and award of the Workers Compensation Appeals Board is annulled and remanded where: 1) part of the overpayment credit sought by plaintiff is barred by Labor Code sec. 4062 as the statute did not extend the permanent and stationary date until the time the agreed medical examiner rendered an opinion that the worker's condition was permanent and stationary; and 2) the record does not support an equitable bar to the overpayment credit.

Appellate Information

  • Decided 07/07/2009
  • Published 07/07/2009

Judges

  • BUTZ, J.

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Mullen & Filippi, Gregory T. Jones, Sacramento, for Petitioners J.C. Penney Company and American Home Assurance Company.

  • For Appellees:
  • Neil P. Sullivan, for Respondent Workers' Compensation Appeals Board., Metzinger and Associates, Ronald M. Metzinger, Sacramento, for Respondent James Edwards.
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