What the panel ordered
Petition for Reconsideration denied.
Petition for Reconsideration of Findings and Orders issued on November 3, 2023, denied by the WCAB panel decision dated January 23, 2024.
What was disputed, and how it came out
Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.
The WCJ and WCAB found that the DEU's use of a 3% SAWW rate for commutation calculation was reasonable and in the best interest of the applicant, rejecting the request for a higher rate of 4.14%.
From the decision · page 1Applicant seeks reconsideration of the Findings and Orders (F&O) issued on November 3, 2023, wherein the workers' compensation administrative law judge (WCJ) found as relevant that (1) the case in chief was resolved by a findings and award issued on June 29, 2022; (2) neither party sought reconsideration of the June 29, 2022 findings and award; and (3) applicant's attorney did not prove that the DEU should be ordered to calculate a commutation of the attorney's fee arising from applicant's life pension by factoring an increase in the state average weekly wage (SAWW) at a rate higher than 3 percent.
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
The DEU used a default SAWW rate of 3% for commutation calculations, which was supported by historical SAWW data from 1993-2023.
Favours Defendant prevailed
This supported the finding that a 3% commutation rate was reasonable and in the best interest of the applicant, leading to denial of the request for a higher rate.
From the decision · page 4true and accurate. Assuming arguendo that it is accurate, it is clear that there is a large range of numbers and fluctuation. In this regard, 3% is certainly within the range of evidence of the numbers presented. The annual average using the very high averages, especially during Covid-19, are far outside the norm. The rate of commutation in the ranges provided from 1999-2023 support a finding that a 3% rate is reasonable.
The rules the panel named
Authorities as the decision cited them, with how this panel applied each one.
California Labor Code
Labor Code sections 5100, 5101, and 4659(c) regarding commutation of compensation and SAWW increases.
The WCJ and WCAB applied these statutes to determine the reasonableness of the DEU's 3% SAWW commutation rate and the denial of a higher rate request.
What proof carried it
The evidence the panel weighed, by kind.
The DEU's default SAWW rate of 3% was supported by evidence of SAWW averages from 1993-2023 and found reasonable.
From the decision · page 4true and accurate. Assuming arguendo that it is accurate, it is clear that there is a large range of numbers and fluctuation. In this regard, 3% is certainly within the range of evidence of the numbers presented. The annual average using the very high averages, especially during Covid-19, are far outside the norm. The rate of commutation in the ranges provided from 1999-2023 support a finding that a 3% rate is reasonable.
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About this page
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