Taylor, Chester

Applicant Chester Taylor, an inmate laborer with a 76% permanent disability award from a January 20, 2017 bilateral arm injury, filed a Petition for Commutation of his permanent disability benefits, seeking commutation from December 13, 2024 to his life expectancy. The WCJ denied the petition after trial, finding applicant failed to meet his burden under Labor Code section 5100 because he provided only testimony (no documentation) about his monthly income and expenses. Applicant petitioned for reconsideration, arguing the court should have requested additional documents or developed the record. The WCAB denied reconsideration, adopting the WCJ's report and finding no abuse of discretion, noting commutation is discretionary and that applicant bears the burden of proof. The Board also observed that commutation could cause undue expense or hardship since applicant's expenses already exceed his income, which includes the PD indemnity that would be diminished by commutation. The denial is without prejudice, allowing applicant to file a new petition upon an appropriate showing.