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

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. ADJ2984143 (LBO 0340645) MF ADJ3946341 (LBO 0340644) ADJ896223 (LBO 0340643)
Regular
Jun 26, 2012

FERNANDO GUZMAN vs. ACU-AIR CARGO, LLC, PARSONS TRANSPORTATION, LLC, UNINSURED EMPLOYERS BENEFITS TRUST FUND

The Workers' Compensation Appeals Board granted reconsideration, reversing the WCJ's decision that barred the applicant's claims due to the employer's bankruptcy. The Board clarified that a bankruptcy discharge injunction does not prevent a WCAB proceeding if the goal is to collect from a collateral source like the Uninsured Employers Benefits Trust Fund (UEF), not the discharged bankrupt employer personally. Relying on *In Re Munoz*, the Board held that a WCAB proceeding can continue to establish an award against the bankrupt employer, which is a necessary precursor for the UEF to pay. Therefore, the applicant may proceed with their claims before the WCAB, provided they stipulate they are not seeking personal recovery from the bankrupt employer.

UEFbankruptcy discharge injunctioncollateral sourcesubstantial shareholderLabor Code section 3717.1uninsured employerproof of claimautomatic staynondischargeable debtMunoz
References
Case No. ADJ2747440
Regular
Jan 08, 2009

CATALINO PEREZ vs. NICHOLAS LANE CONTRACTORS, VIRGINIA SURETY INSURANCE COMPANY, CAMBRIDGE INTEGRATED SERVICES GROUP

Reconsideration granted to allow further development of the record regarding applicant's financial condition to determine if commutation of permanent disability indemnity is in applicant's best interest. The WCJ's decision is rescinded and the matter is returned for further proceedings.

CommutationPermanent Disability IndemnityLabor Code Section 5100Best Interest of ApplicantFinancial ConditionPeriodic Indemnity PaymentsDischarge DebtsMortgage PayoffCredit Card DebtEvidentiary Record
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. SRO 0134752
Regular
Nov 27, 2007

KARA LORD vs. JOHN & DONNA SKEEN, STATE FARM INSURANCE COMPANY

The Workers' Compensation Appeals Board dismissed the applicant's petition for reconsideration of the September 5, 2007 award as untimely. The Board also denied the applicant's petition for reconsideration of the September 25, 2007 commutation order, finding no evidence to support the requested $20,000.00 commutation for a Social Security debt. Applicant may seek future commutation if she provides supporting evidence.

Workers' Compensation Appeals BoardPetition for ReconsiderationStipulationsPermanent DisabilityAttorney's FeeCommutationSocial Security DebtUntimely PetitionJurisdictional Time LimitWCJ Order
References
Case No. ADJ3898876 (LAO 0741434)
Regular
Oct 11, 2018

LISA GARCIA vs. MACY'S CORPORATE SERVICES dba BLOOMINGDALES, INC.

This case involves a defendant's petition for reconsideration of a workers' compensation judge's order granting the applicant a $115,000 commutation of permanent disability benefits. The defendant argued the commutation was not in the applicant's best interest and lacked substantial evidence. The Appeals Board granted reconsideration, rescinded the original order, and returned the matter to the judge. The Board found the original record lacked sufficient evidence to support the commutation for a home purchase, debt payoff, and vehicle repair, citing insufficient proof of costs and the applicant's ability to live on reduced future benefits.

Workers Compensation Appeals BoardPetition for ReconsiderationCommutation of Permanent Disability IndemnityBest Interest of ApplicantSubstantial EvidenceLabor Code Section 5100Stipulated AwardInjury to Back and PsycheSales ClerkCredit Card Debt
References
Case No. ADJ614580
Regular
Sep 13, 2011

RUDY FLORES vs. HYATT WEST HOLLYWOOD, INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA, BROADSPIRE

This case involves a dispute over medical treatment payment for an industrial injury to Rudy Flores. The Workers' Compensation Appeals Board (WCAB) reconsidered a prior award concerning treatment at Cedars-Sinai Medical Center. The WCAB deferred the issue of Cedars-Sinai's entitlement to payment for treatment from September 25, 2003, to October 13, 2003, pending further proceedings. This deferral stems from unresolved questions about Cedars-Sinai's claim being barred by a prior settlement with LA County-EMS for the same services. The WCAB also deferred the defendant's claim for reimbursement of an overpayment.

Workers Compensation Appeals BoardRudy FloresHyatt West HollywoodBroadspireCedars-Sinai Medical CenterIndustrial InjurySyndrome of Inappropriate Anti-diuretic HormoneLabor Code Section 5304JurisdictionPetition for Reconsideration
References
Case No. PAS 040044
Regular
Aug 24, 2007

Randall Lutes vs. NEIMAN MECHANICS, HIGHLANDS INSURANCE GROUP

The Workers' Compensation Appeals Board granted reconsideration of an order commuting future benefits for an applicant with total permanent disability. The Board found the applicant failed to demonstrate that a full commutation was in his best interest due to insufficient income to cover his expenses and homeownership costs. The case was remanded to allow the applicant to develop a financial plan with a provided financial planner for consideration of partial or full commutation.

Workers' Compensation Appeals BoardReconsiderationOrder of CommutationPermanent DisabilityIndustrial InjuryBest InterestFinancial ConditionForeclosureMortgage ArrearsFinancial Planner
References
Case No. ADJ7841959
Regular
Feb 05, 2018

LEONARDO VELASQUEZ MONTES vs. SOUTH STATE TOWING DBA ECOLOGY AUTO PARTS, THE HARTFORD, SEDGWICK CLAIMS MANAGEMENT SERVICES

The Workers' Compensation Appeals Board granted reconsideration and amended a prior award. While the WCJ awarded a $\$100,000.00$ commutation of permanent disability and life pension benefits, the Board reduced this amount. The Board found that the applicant's own testimony and evidence supported a commutation of $\$60,000.00$, which was deemed sufficient for his needs and in his best interest. The decision affirmed the WCJ's finding that commutation was appropriate but modified the amount to align with the applicant's stated needs and evidence.

CommutationPetition for ReconsiderationPermanent Disability BenefitsLife Pension BenefitsFindings and AwardLabor Code Section 5100WCJIndustrial InjuryStipulations with Request for AwardMonthly Expenses
References
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