reconsideration. The Workers'
Compensation Appeals Board
(WCAB) reduced the commutation to
$90,900 for the in-laws and $1000
attorney fees.
was pursued. After trial and another
petition for reconsideration the
WCAB awarded a penalty on the
entire permanent disability indemnity.
delayed payment was a particular
class of compensation apart from the
entire permanent disability award and
therefore, only awarded a penalty on
the delayed portion. They indicated it
should have been viewed as a lien
instead of a permanent disability
award delay by the County.
end of the award. This reduced the
weekly amount paid to the applicant
to $354.54.
a commutation of $331,200., which
represented the present value of nearly
the entire remaining award. The
applicant wished to pay off the home
mortgage, credit card debt and a
$90,900 loan from the applicant's in-
laws. The in-laws obtained the money
to loan the applicant from a business
line of credit,
testimony. The in-laws needed to have
the loan repaid by the applicant to
keep there business a float.
(WCJ) ordered the payment of a lump
sum of $115,000. The County
petitioned for reconsideration. The
WCJ reconsidered and ordered
$90,000 commuted for the loan to the
in-laws, $25,000 commuted for
repaying credit card debt and $1000
attorney fees.
court decision that proves insightful
in determining a penalty and in
commutations.
ANGELES V.
WCAB
(GLOVER)
workers' compensation benefits. The
parties stipulated that the applicant
had a 100 per cent permanent
disability. The permanent disability
compensation rate was $406.00 per
week. The applicant's attorney
requested an attorney's fee. The
present value of the attorney's fee
was calculated and given
Valenzuela, Brown
Editor: Harvey Brown
Address: 18500 Von Karman # 470
Phone: 949 252-1300
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