1. (a) When a dispute arises as to a credit for any payments or overpayments of benefits pursuant to Labor Code section 4909, any petition for credit shall include:

   1. (1) A description of the payments made by the employer;
   2. (2) A description of the benefits against which the employer seeks a credit; and
   3. (3) The amount of the claimed credit.

2. (b) When a dispute arises as to a credit for an employee's third party recovery pursuant to Labor Code section 3861, any petition for credit shall include:

   1. (1) A copy of the settlement or judgment, if available; and
   2. (2) An itemization of any credit applied to expenses and attorneys' fees pursuant to Labor Code sections 3856, 3858 and 3860.
3. (c) Where a copy of the settlement or judgment required under subdivision (b)(1) of this rule is not available, a workers' compensation judge may order its production for purposes of adjudicating a petition for credit under Labor Code section 3861.

Note: Authority cited: Sections 133 and 5307, Labor Code. Reference: Sections 3856, 3858, 3860, 3861 and 4909, Labor Code.

History

1. New section filed 10-15-2014; operative 1-1-2015. Submitted to OAL for printing only pursuant to Government Code section 11351 (Register 2014, No. 42). For prior history, see Register 2008, No. 47.

2. Editorial correction of History 1 (Register 2017, No. 8).

3. Renumbering former section 10555 to section 10785 and new section 10555 filed 12-17-2019; operative 1-1-2020. Submitted to OAL for printing only pursuant to Government Code section 11351 (Register 2019, No. 51).