Home/Case Law/PATRICK C. O'BRIEN vs. WARDEN'S AUTO REPAIR, STATE COMPENSATION INSURANCE FUND
Regular DecisionReconsideration

PATRICK C. O'BRIEN vs. WARDEN'S AUTO REPAIR, STATE COMPENSATION INSURANCE FUND

Filed: Jun 25, 2010
ADJ2002839 (SAC 0332621)

CompFox AI Summary

The applicant sought to commute his future life pension payments due to pressing financial needs, including vehicle replacement, home repairs, and dental treatment, which were supported by unrebutted evidence. The Workers' Compensation Appeals Board (WCAB) granted reconsideration, reversing the prior denial. The WCAB found that while the administrative law judge correctly identified the applicant's emergencies, the denial overly focused on speculative future needs. Ultimately, the WCAB determined that full commutation of the life pension was in the applicant's best interest and returned the case for attorney's fee determination.

Full Decision Text1 Pages

The applicant sought to commute his future life pension payments due to pressing financial needs, including vehicle replacement, home repairs, and dental treatment, which were supported by unrebutted evidence. The Workers' Compensation Appeals Board (WCAB) granted reconsideration, reversing the prior denial. The WCAB found that while the administrative law judge correctly identified the applicant's emergencies, the denial overly focused on speculative future needs. Ultimately, the WCAB determined that full commutation of the life pension was in the applicant's best interest and returned the case for attorney's fee determination.

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PATRICK C. O'BRIEN vs. WARDEN'S AUTO REPAIR, STATE COMPENSATION INSURANCE FUND (2010) – | CompFox