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PanelDenied

Rodolfo Maltos — ADJ3149625

RODOLFO MALTOS, Applicant vs. SUPERIOR AIR HANDLING CORP.; THE HARTFORD INSURANCE COMPANY, Defendants

ADJ number: ADJ3149625
Decision date: Date unavailable
District office: Fresno
WCJ: —
Claim administrator: The Hartford Insurance Company
Commissioners: DEIDRA E. LOWE, COMMISSIONER, JOSÉ H. RAZO, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR

Injury / body parts: lungs (COPD/emphysema), respiratory system, cognitive function

LC §3202LC §5100LC §5101LC §5903LC §5952

Summary

Rodolfo Maltos, a sheet metal fabricator, developed work-related COPD/emphysema from occupational exposure and was found totally and permanently disabled after multiple lung transplants, entitling him to lifetime medical and indemnity benefits. Citing financial hardship, he petitioned for a $1 million commutation of his benefits across eight categories. The WCJ granted the commutation in part, ordering only sums sufficient to generate $150,000 for a reliable vehicle and mortgage relief, denying the bulk of the request. Defendants sought reconsideration arguing the ruling was unsupported by the facts. The Board adopted the WCJ's report, clarified the correct standard is substantial evidence (not the removal standard cited by the WCJ), found no abuse of discretion under section 5100, and denied reconsideration.

Issues

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Holding

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Analysis

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Applicant takeaway

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Defense takeaway

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Provider takeaway

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Similar decisions

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Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.