Gregg Rader — ADJ7138762

Applicant Gregg Rader received a 2011 stipulated award of 100% permanent and total disability at $336.00 per week, with his attorney's fee of $39,444.71 commuted laterally from his lifetime benefits via a weekly reduction of $50.40 (yielding a net rate of $285.60). Applicant later contended the gross attorney's fee had been fully satisfied and his weekly rate should revert to the full $336.00. The WCAB issued an ODAR finding it retained jurisdiction under section 5803 to enforce the award and that the commutation extended only until the gross fee was paid. Defendant SCIF sought reconsideration, arguing the Board lacked jurisdiction under section 5804, that commutations cannot be reversed, and that individual life expectancy cannot be considered. The Board denied reconsideration, holding the decision was a collateral enforcement of the award (not an alteration barred by section 5804) and that continued withholding after the fixed fee was satisfied would be inequitable under section 5100.