ANTHONY BENNETT, Applicant vs. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION; STATE COMPENSATION INSURANCE FUND, Defendants
ADJ number
ADJ9738543
Decision date
Dec 19, 2021
District office
Van Nuys
WCJ
Robert Sommer
Claim administrator
State Compensation Insurance Fund
Commissioners
—
Injury / body parts: wrist, back, shoulder, knee, leg, foot, right wrist, skin (cancer), internal (hepatitis), continuous trauma/multiple
LC §5100LC §5101CCR §10169CCR §10169.1
Summary
Applicant Anthony Bennett, a former corrections officer, sought commutation of the remaining balance of his life pension award (75% PD, life pension of $115.96) to its current value. The WCJ ordered commutation under Labor Code section 5100 based on Bennett's general financial condition and ability to live without periodic payments. Defendant petitioned for reconsideration, arguing the evidence did not support commutation and that the order should have specified an amount certain and used actuarial data. The Board granted reconsideration solely to clarify that the present value of a life pension must be calculated per the Commutation Instructions in CCR section 10169 based on actuarial data (CCR 10169.1(a)), and otherwise affirmed the WCJ's order for commutation.
Issues
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Holding
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Analysis
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Applicant takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Defense takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Provider takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Similar decisions
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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