Maples

Petitioner Frank Maples contends respondent Workers' Compensation Appeals Board (Board) erred in permitting respondent, insurance carrier for his employer, to claim an overpayment of temporary disability indemnity payments against petitioner’s permanent disability award. We agree and annul the allowance of the overpayment credit.

I

Petitioner Frank Maples (hereinafter also applicant) while employed on October 19, 1976, by H. P. Foley, insured by Eldorado Insurance Company (Eldorado), sustained injury to his back arising out of and occurring in the course of said employment. On July 26, 1977, the workers’ compensation judge issued an award of temporary total disability for the period December 9, 1976, to the date of the award and continuing thereafter at the rate of $119 per week.

On November 14, 1977, Dr. Earle E. Crandall, M.D., a neurological surgeon, medically evaluated Maples on behalf of Eldorado and issued a report to Eldorado in which he found Maples to be permanent and stationary. Dr. Crandall’s report indicates it was dictated on November 14, 1977, transcribed on November 18, 1977, and a copy sent directly to both Eldorado and its attorneys. According to the…