Robert Camarillo — ADJ7306752

Applicant Robert Camarillo was awarded a 71% permanent disability award totaling $121,297.50 followed by a life pension at $85.04 per week, with a reasonable attorney's fee of $28,775.91. The WCJ, relying on the DEU's Attorney Fee Calculation, erroneously commuted the entire fee from applicant's life pension. Applicant sought reconsideration, arguing that $18,194.62 (15% of accrued PD benefits) should have been paid from the PD award rather than commuted from the life pension, causing an excessive reduction in his weekly pension. The Board agreed, finding the WCJ overlooked the portion of the DEU calculation specifying $18,194.62 was payable from the PD award, an amount entered at the joint request of the parties. The Board granted reconsideration, rescinded the F&A, and substituted new findings directing $18,194.62 be paid from accrued PD benefits and $10,581.29 be commuted from the life pension, while deferring calculation of the weekly life pension payments and remanding for further proceedings.