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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. ADJ3870027 (AHM 0090638), ADJ4306688 (AHM 0090678)
Regular
Nov 21, 2014

MICHELE WULF vs. ORANGE COUNTY FIRE AUTHORITY, USF & G, Administered by CANNON COCHRAN

This case concerns a petition for reconsideration of an attorney's fee award in a workers' compensation matter. The Appeals Board granted reconsideration to address the applicant's attorney's request for commutation of the attorney's fee. The Board amended the original award to reflect that the attorney's fee would be a percentage of the commuted value of the applicant's permanent disability award. The matter was returned to the trial level for the WCJ to calculate the commutation of the attorney's fee and determined sanctions were not warranted.

WORKERS' COMPENSATION APPEALS BOARDADJ3870027ADJ4306688ORANGE COUNTY FIRE AUTHORITYUSF & GCANNON COCHRANPetition for ReconsiderationJoint Findings Award and Orderpermanent total disabilityattorney's fee
References
Case No. ADJ7166686
Regular
Jul 24, 2012

RICHARD ANDERSON vs. JAGUAR/LANDROVER OF VENTURA, COMPWEST INSURANCE COMPANY

This case involves an applicant who suffered a stroke and subsequent 100% permanent disability following surgery for an industrial shoulder injury. The defendant sought reconsideration, arguing for apportionment to pre-existing conditions and challenging the attorney's fee calculation. The Appeals Board affirmed the 100% permanent disability finding, finding no basis for apportionment as the applicant's pre-existing conditions did not cause the disability itself. However, the Board modified the attorney's fee award, requiring commutation using a specific method and a 3% cost of living adjustment, finding the previously assumed 4.6% to be speculative.

Workers Compensation Appeals BoardRichard AndersonJaguar/Landrover of VenturaCompwest Insurance CompanyADJ7166686ReconsiderationFindings and AwardIndustrial InjuryBrain InjuryNeurological System
References
Case No. ADJ9146527
Regular
Feb 04, 2020

ALFRED ROQUE vs. STATE OF CALIFORNIA DEPARTMENT OF CORRECTIONS, STATE COMPENSATION INSURANCE FUND

The Appeals Board granted reconsideration and reversed the WCJ's denial of commutation for applicant Alfred Roque. The Board found that it is in Roque's best interest to commute a portion of his future permanent disability payments to satisfy his IRS debt, as this will avoid inequity and undue hardship. Although Roque has other debts and made recent purchases, these do not preclude commutation for the pressing IRS obligation. The case is remanded to the WCJ to calculate the exact commutation amount and address potential attorney fees.

Workers' Compensation Appeals BoardcommutationInternal Revenue Service (IRS) debtpermanent disability awardLabor Code section 5100best interest of applicantundue hardshipfinancial conditionfuture indemnity paymentsrescinded decision
References
Case No. ADJ9066614
Regular
Sep 08, 2015

James Stewart vs. California Department of Corrections and Rehabilitation, STATE COMPENSATION INSURANCE FUND

The Appeals Board granted the applicant's petition for reconsideration, overturning the WCJ's denial of a lump-sum commutation of his permanent disability award. The Board found sufficient evidence of applicant's extensive debts, including significant amounts owed to family and friends for living expenses, supporting a partial commutation. However, the commutation will exclude the car loan, as applicant's current income is deemed sufficient to manage that debt. The matter is returned to the trial level to determine the precise commutation amount.

CommutationPermanent Disability AwardFinancial HardshipPetition for ReconsiderationStipulated AwardCumulative TraumaHypertensionCorrectional OfficerDebt ObligationsLump Sum
References
Case No. ADJ1033194 (BAK 0136793) ADJ2121699 (BAK 0136792)
Regular
Jul 07, 2014

LULA JANETTE QUARY vs. STATE OF CALIFORNIA, CDCR CALIFORNIA CORRECTIONAL INSTITUTION, Legally Uninsured, STATE COMPENSATION INSURANCE FUND/STATE CONTRACTING SERVICES, Adjusting Agency

This case involves a defendant seeking reconsideration of a $\$289,200.00$ commutation of the applicant's permanent disability award. The applicant, Lula Janette Quary, sustained a $100\%$ permanent disability from industrial injuries as a correctional officer. The Appeals Board denied reconsideration, finding that the commutation was in the applicant's best interest, citing evidence of substantial debt and the potential for a home purchase to improve her ability to live on a diminished income. The Board adopted the WCJ's reasoning that the applicant's proof of debt and need for commutation preponderated over the defendant's lack of contrary evidence.

Workers' Compensation Appeals BoardCommutationPermanent DisabilityAward of CommutationPetition for ReconsiderationLabor CodeLump SumBest Interests of ApplicantFinancial ConditionDischarge Debts
References
Case No. ADJ491385 (VNO 0387863)
Regular
Mar 21, 2011

ALAN COLLINS vs. TRAYLOR BROTHERS, INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a prior order commuting $150,000 for applicant Alan Collins to purchase a home. The WCAB found that the applicant had not presented sufficient evidence to demonstrate the commutation was necessary for his protection or in his best interest, citing potential negative financial impacts and unaddressed uncertainties like mortgage approval. The Board rescinded the WCJ's decision and returned the matter to the trial level for further proceedings to develop the record. The WCAB suggested that renting might be a more appropriate option for the applicant to remain close to his medical providers.

CommutationPetition for CommutationPermanent DisabilityHome PurchaseReconsiderationWorkers' Compensation Appeals BoardIndustrial InjuryLower Left ExtremityOsteomyelitisRenal Failure
References
Case No. ADJ10871045 ADJ10871047 ADJ10871049
Regular
Feb 19, 2019

XAVIER HERNDON vs. BENIHANA, INC.; ZURICH NORTH AMERICA

The Appeals Board granted reconsideration and rescinded the WCJ's order commuting all future payments to a lump sum. The Board found the commutation order violated defendant's due process rights by failing to provide notice and an opportunity to object or present evidence. The matter is returned to the trial level for further proceedings, including notice and a potential hearing on the commutation request.

Order of CommutationPetition for ReconsiderationDue ProcessNoticeOpportunity to be HeardWCJWorkers' Compensation Appeals BoardLump SumStipulationsAward
References
Case No. ADJ19302164
Regular
Oct 13, 2025

CHRISTOPHER GOWEN vs. CITY OF LOS ANGELES POLICE DEPARTMENT; permissibly SELF-INSURED

The Workers' Compensation Appeals Board denied the Petition for Reconsideration filed by the City of Los Angeles Police Department. The petition challenged an arbitrator's decision to grant a partial commutation of permanent disability payments to applicant Christopher Gowen, which was intended to cover costs for building his home in Missouri after a significant income loss due to industrial injury. The Appeals Board adopted the arbitrator's reasoning, finding the commutation was within discretion and based on legitimate need, particularly for building materials and construction overruns not covered by the original loan. The decision affirmed the partial commutation of approximately $66,334.98 from the applicant's outstanding permanent disability award.

Workers' Compensation Appeals BoardPetition for ReconsiderationLabor Code section 5909Arbitrator's ReportElectronic Adjudication Management SystemEAMSTransmission DateNotice of TransmissionPetition for CommutationPermanent Disability
References
Case No. ADJ8138866
Regular
Mar 12, 2019

FRANK MARTINEZ vs. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION - CORCORAN STATE PRISON, STATE COMPENSATION INSURANCE FUND

The Appeals Board granted SCIF's Petition for Reconsideration of an order commuting $268,000.00, finding the WCJ's decision was not based on an adequate record. Crucial financial documentation supporting the applicant's commutation request was missing, and no hearing occurred to allow parties to present evidence. The Board rescinded the WCJ's order and returned the case to the trial level for further proceedings to establish a complete record and allow evidence.

Order of CommutationPetition for ReconsiderationStipulations with Request for AwardLabor Code section 5100.2Petition for CommutationSCIFWCJReport and RecommendationMinutes of HearingPermanent disability
References
Case No. ADJ6587965
Regular
Jul 31, 2014

MIKE ANDERSON vs. BALTIMORE RAVENS, ACE AMERICAN INSURANCE COMPANY, SEDGWICK CLAIMS MANAGEMENT SERVICES

The Workers' Compensation Appeals Board granted reconsideration of a $78,000 commutation award due to defendant's claim of calculation errors. The defendant argued the award improperly double-counted a $51,000 payment previously made for applicant's living expenses. The Board agreed that the Disability Evaluation Unit's report may have been based on incomplete information regarding payments made. Therefore, the May 12, 2014 Commutation Award was rescinded, and the case was returned for further proceedings to ensure accurate calculation of the applicant's permanent disability balance.

Commutation AwardPre-Settlement Solutionspermanent disabilityDisability Evaluation UnitDEU commutation reportdouble recoveryLabor Code sections 4622(a)4622(b)Labor Code § 5100(a)5100(d)
References
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