Acevedo, Rodrigo

Applicant's attorney sought reconsideration of a November 3, 2023 F&O in which the WCJ declined to order the DEU to calculate a commutation of the attorney's fee arising from applicant's life pension using an assumed SAWW increase rate higher than 3 percent. The case in chief was resolved by a June 29, 2022 F&A awarding 83% permanent disability ($185,962.50) with a 15% attorney's fee, which neither party challenged. Applicant's attorney requested the DEU use a 4.14%/4.18% assumed SAWW increase rather than the DEU's default 3% rate to increase the present value of the life pension (and thus the fee). The WCJ found the 3% rate reasonable, in the applicant's best interest, and that the attorney failed to present competent evidence justifying a higher rate. The Board denied reconsideration, finding the WCJ did not confuse the section 5101 discount rate with the SAWW rate and properly relied on the DEU's default determination absent competent contrary evidence.