Early California Foods, Petitioner v. Workers' Compensation Appeals Board of the State of California and Mike Ellis, Respondents Mike Ellis filed an application for adjudication of claim on December 17, 1987, claiming max earnings. Early California, by Argonaut Insurance Co. , filed an amended answer on December 23, 1988 but never contested earnings. Argonaut, Early California's comp carrier, was not allowed at trial to present any evidence on the issue of credit for overpayment of temporary disability at an incorrect rate. Early California sought Reconsideration, which was denied by the WCAB because the employer should know what its employees earnings were. You are counseled to consult the full case for an accurate citation.

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