Gregg Rader

Applicant Gregg Rader received a January 19, 2011 stipulated award of 100% permanent total disability at $336.00 per week for life, with an approved attorney's fee of $39,444.71 commuted laterally by a uniform $50.40 weekly reduction, yielding a net payment of $285.60. Defendant SCIF continued the $50.40 reduction indefinitely even after the aggregate deductions exceeded the fixed fee amount. The WCJ found the WCAB lacked jurisdiction under section 5804 to amend the award. On reconsideration, the Board held it retains continuing jurisdiction under section 5803 to enforce and make collateral changes to the award without altering the underlying benefits, and that a lateral commutation of attorney's fees is limited to the specified fee amount approved. The Board ordered SCIF to reimburse all amounts withheld after the fee was satisfied plus statutory interest, but denied section 5814/5814.5 penalties because defendant had a genuine legal doubt as to its liability.