Applicant Willie Andrews, a former Inspector/Supervisor for the City of Los Angeles, was awarded 100% permanent and total disability with lifetime weekly payments of $1,066.72. He petitioned to commute $536,255.44 from his award to pay off his residential mortgage, home flood repair costs, and a vehicle loan for a car used to transport him to therapy. The WCJ granted the commutation under Labor Code section 5100(a), finding it was in the applicant's best interest even though it was not strictly 'necessary' for his survival. Defendant sought reconsideration, arguing that because the applicant's household could live without the commuted portion, commutation was unwarranted. The WCAB panel affirmed, holding that section 5100(a) permits commutation where it is in the applicant's best interest, distinct from being 'necessary' for protection, and distinguishing inflation-hedge cases like Hulse and Paquette.
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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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Provider takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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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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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.
Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.