NICHOLAS LANE CONTRACTORS; VIRGINIA SURETY INSURANCE COMPANY, adjusted by CAMBRIDGE 10 INTEGRATED SERVICES GROUP, CATALINO PEREZ, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIACATALINO PEREZ, Applicant,vs.NICHOLAS LANE CONTRACTORS; VIRGINIA SURETY INSURANCECOMPANY, adjusted by CAMBRIDGE INTEGRATED SERVICES GROUP, Defendant(s).Case No. ADJ2747440 (GRO 0032508)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION Applicant seeks reconsideration of the Order Denying Commutation of October 23, 2008, in which the workers’ compensation judge (WCJ) denied applicant’s request, in the amount of $100,100.00, for commutation of his permanent disability indemnity award of December 24, 2007. Applicant contends, in substance, that the WCJ erred in denying his request for commutation, because the money would have been used to pay off his mortgage, which is in his best financial interest. We begin by noting that Labor Code section 5100 provides, in relevant part, as follows:[justify] “At the time of making its award, or at any time thereafter, the appeals board, on[/justify][justify] its own motion either upon notice, or upon application of either party with due[/justify][justify] notice to the other, may commute the compensation payable under this division to[/justify][justify] a lump sum and order it to be paid forthwith or at some future time if any of the[/justify][justify] following conditions appear:[/justify][justify] “(a) That such commutation is necessary for the protection of the person entitled[/justify][justify] thereto, or for the best interest of the applicant. In determining what is in the best[/justify][justify] interest of the applicant, the appeals board shall consider the general financial[/justify][justify] condition of the applicant, including but not limited to, the applicant’s ability to[/justify][justify] live without periodic indemnity payments
Catalino Perez, vs. Nicholas Lane Contractors; Virginia Surety Insurance Company, Adjusted By Cambridge 10 Integrated Services Group,
(GRO 0032508) is a case in which applicant Catalino Perez sought reconsideration of the Order Denying Commutation of October 23, 2008, in which the workers' compensation judge (WCJ) denied applicant's request, in the amount of $100,100.00, for commutation of his permanent disability indemnity award of December 24, 2007. The Workers' Compensation Appeals Board granted reconsideration and returned the matter to the trial level for further development of the record by the WCJ to resolve the issues. The Board noted that while commutation may be allowed to pay off a mortgage, the record was insufficient to conclude that doing so here would be in the best interest of the applicant. The Board further noted that the requested
- Filed On:
- Court: California, San Luis Obispo
- Case No. ADJ2747440
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