Applicant sustained industrial injuries resulting in 92% permanent disability after a Petition to Reopen, with all permanent disability indemnity (excluding life pension) commuted to a lump sum under a stipulated award dated January 8, 2020. A dispute arose over whether commutation of the permanent disability indemnity accelerated the commencement of applicant's life pension under Labor Code section 4659(a). The WCJ originally found the life pension was not accelerated; the Board reversed on August 15, 2022, finding it accelerated; defendant sought reconsideration. On reconsideration, the majority reversed its prior decision, holding that the word 'weeks' in sections 4658 and 4659 marks the inception of a life pension by time, not payment, so commutation does not advance the life pension's start date. The Board reinstated and affirmed the WCJ's November 13, 2020 Joint Finding and Order; Chair Zalewski dissented.
Issues
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Holding
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Analysis
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Applicant takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Defense takeaway
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Provider takeaway
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Similar decisions
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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