PanelGranted
Larita Davis — ADJ7701947
LARITA DAVIS, Applicant vs. STATE OF CALIFORNIA, DEPARTMENT OF SOCIAL SERVICES, legally uninsured, administered by STATE COMPENSATION INSURANCE FUND CONTRACT SERVICES, Defendants
- ADJ number
- ADJ7701947
- Decision date
- Sep 27, 2022
- District office
- Oakland
- WCJ
- —
- Claim administrator
- State Compensation Insurance Fund Contract Services (administering for State of California, Department of Social Services, legally uninsured)
- Commissioners
- JOSÉ H. RAZO, COMMISSIONER, MARGUERITE SWEENEY, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR
Injury / body parts: hips, low back, right knee, psyche, nervous system, complex regional pain syndrome
Summary
Applicant Larita Davis sustained an industrial injury on April 21, 2009 while employed as a program technician and was found permanently totally (100%) disabled per a March 24, 2017 Joint Findings and Award. After three prior commutations were granted, she filed a fourth Petition for Commutation on December 11, 2019 seeking commutation of the remaining future permanent disability benefits to pay off her mortgage. The WCJ granted the petition, but defendant sought reconsideration disputing the COLA start date, the calculation method, and credit for prior commutations. While the matter was pending, the parties stipulated on September 1, 2022 that defendant was entitled to credit for prior commutations, that the COLA start date is January 1, 2014, and that the overall case value as of September 30, 2022 was $460,839.66 based on the August 2, 2022 DEU calculation. The Board rescinded the F&O, granted the commutation petition, approved the stipulation, and awarded the commutation using the DEU calculation of August 2, 2022.
Issues
Member is $25/month or $250/year and includes full case search.
Holding
Member is $25/month or $250/year and includes full case search.
Analysis
Member is $25/month or $250/year and includes full case search.
Applicant takeaway
Member is $25/month or $250/year and includes full case search.
Defense takeaway
Member is $25/month or $250/year and includes full case search.
Provider takeaway
Member is $25/month or $250/year and includes full case search.