Lula Janette Quary vs. State Of California Cdcr California Correctional Institution Legally Uninsured State Compensation Insurance Fund/state Contracting Services Adjusting Agency

(BAK 0136793)ADJ2121699 (BAK 0136792) is a case in which the State of California, CDCR-California Correctional Institution, Legally Uninsured, State Compensation Insurance Fund/State Contracting Services, and Adjusting Agency are defendants. The applicant, Lula Janette Quary, petitioned for a commutation from her award of permanent total disability indemnity. The Workers' Compensation Appeals Board denied the defendant's Petition for Reconsideration of the May 6, 2014 Award of Commutation, allowing the applicant a commutation in the sum of $289,200.00. The Board considered the allegations of the Petition for Reconsideration, applicant's Answer, and the contents of

STATE OF CALIFORNIA CDCR CALIFORNIA CORRECTIONAL INSTITUTION Legally Uninsured STATE COMPENSATION INSURANCE FUND/STATE CONTRACTING SERVICES Adjusting Agency LULA JANETTE QUARY WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIALULA JANETTE QUARY, Applicant,vs.STATE OF CALIFORNIA, CDCR-CALIFORNIA CORRECTIONALINSTITUTION, Legally Uninsured, STATECOMPENSATION INSURANCEFUND/STATE CONTRACTING SERVICES,Adjusting Agency, Defendants.Case Nos. ADJ1033194 (BAK 0136793)ADJ2121699 (BAK 0136792)OPINION AND ORDERDENYING PETITION FORRECONSIDERATION            Defendant seeks reconsideration of the May 6, 2014 Award of Commutation issued by the workers’ compensation administrative law judge (WCJ), wherein the WCJ allowed applicant a commutation in the sum of $289,200.00. Applicant has a Stipulated Award of December 17, 2004 for 100% permanent disability and lifetime medical care to cure or relieve the effects of the industrial injury to her neck that she sustained while employed as a correctional officer on August 20, 2000 (BAK 0136793 [ADJ1033194]) and from October 12, 2001 through October 12, 2001 (BAK 0136792 [ ADJ2121699]). On April 10, 2014, applicant petitioned for commutation from her award of permanent total disability indemnity. On April 11, 2014, the WCJ issued a Notice of Intention to Award Commutation.            Defendant contends that the WCJ erred in allowing applicant a commutation of $289,200.00, arguing that she has not made a showing of great urgency or that she is currently unable to pay her debts. Applicant filed an Answer.            We have considered the allegations of the Petition for Reconsideration, applicant’s Answer, and the contents of the Report on Reconsideration (Report) of the WCJ with respect thereto. Based on our review of the record, and for the reasons set forth below and for the reasons stated in the Report, which , we adopt and incorporate, except that we do not incorporate the recommendation with respect to dismissal, we will deny reco

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