Kevin Suh — ADJ9017624, ADJ9017629

Applicant Kevin Suh sustained industrial injury resulting in a 92% permanent disability award (raised from an earlier 85% award) entitling him to a life pension under Labor Code section 4659(a). The parties entered an approved stipulated commutation on January 8, 2020 that paid all residual permanent disability indemnity in a lump sum but left the timing of the life pension unresolved (reserved). A dispute arose when defendant refused to begin life pension payments immediately after the commutation, instead arguing the life pension should not begin until the date the weekly PD payments would otherwise have been exhausted (around 2030). The WCJ initially found the life pension was not accelerated, but the Appeals Board panel majority rescinded that decision and held that, under the plain meaning of section 4659(a) and the Supreme Court's reasoning in Baker, the life pension begins after PD indemnity is 'exhausted'—including via commutation—so payments are due immediately following payment of the commuted lump sum. Commissioner Razo dissented, arguing that the commutation order included no agreement to accelerate the life pension and that sections 4659(a) and 5100 must be read together.