Byrum Winfrey, Charlene

Applicant Charlene Byrum Winfrey, who has a 1998 industrial injury resulting in 100% permanent total disability under a 2009 stipulated award, petitioned to commute the remaining present value of her award (estimated closer to $300,000) to either buy out a reverse mortgage on her terminally ill mother-in-law's house or otherwise secure a place to live. The WCJ granted full commutation under Labor Code section 5100(a), finding it necessary for applicant's protection and in her best interest given the near-certainty of homelessness after her mother-in-law's death and her ability to live on Social Security and her husband's income without periodic indemnity if she owns a home rent-free. Defendants L'Abri Management and Safeco/Liberty Mutual sought reconsideration, arguing it is not in applicant's best interest to commute her award to pay another person's debt and challenging the denied judicial reassignment request. The WCAB adopted and incorporated the WCJ's report, gave great weight to the WCJ's credibility determinations under Garza, and denied reconsideration.