WCPanelIQ
PanelDenied

Gowen, Christopher

CHRISTOPHER GOWEN, Applicant vs. CITY OF LOS ANGELES POLICE DEPARTMENT; permissibly SELF-INSURED, Defendants

ADJ number
ADJ19302164
Decision date
Date unavailable
District office
Van Nuys
WCJ
Mark L. Kahn (Arbitrator)
Claim administrator
City of Los Angeles Police Department (permissibly self-insured)
Commissioners
—
LC §5100LC §5900LC §5909

Summary

Christopher Gowen, a Los Angeles Police Department officer, sustained an industrial injury resulting in a permanent disability award and life pension. He filed a Petition for Commutation seeking a lump sum of approximately $116,000 to pay off various loans (automobile, unsecured credit union loans, and a lumber company bill for building materials). The Arbitrator partially granted the petition, commuting approximately $66,334.98 (the remaining outstanding permanent disability award) to present value at 3% to cover construction costs of the applicant's Missouri residence, while denying commutation of the life pension and the portions related to debt repayment. The self-insured City of Los Angeles filed a Petition for Reconsideration arguing the loans were incurred after the date of injury, the commutation lacked substantial detail, and that commutations are not intended for debt reduction or poor financial management. The WCAB adopted the Arbitrator's Report and denied reconsideration, finding the partial commutation for home construction was within the Board's discretion and in the applicant's best interest.

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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