Miriam Cardona — ADJ13363828, ADJ9457659, ADJ9993085

Applicant Miriam Cardona settled her cumulative trauma claim via Stipulations with Request for Award providing 59% permanent disability ($99,542.50 at $290/week from 11/8/2023) and attorney's fees of $14,931.37 to be commuted 'from the far end of award as necessary to avoid interruption in applicant's benefits.' Defendant instead paid attorney's fees by exhausting applicant's accrued permanent disability benefits (front-end), then commuted the remainder to the far end, depriving applicant of benefits for the accrued period 11/8/2023 to 5/29/2024. The WCJ found this constituted an improper interruption of benefits contrary to the Stipulations and awarded applicant the full accrued PD owed at the time of the Award less sums paid. The WCAB denied reconsideration, holding the defendant's payment method contradicted the plain language of the Stipulations and violated Labor Code section 5100's mandate to act in the best interest of the applicant and avoid undue hardship.