What the panel ordered
Petition for Reconsideration granted; WCJ decision amended to clarify commutation of life pension present value per Labor Code Section 5101(b) and Cal. Code Regs., tit. 8, A7 10169.1(a); remainder of WCJ decision affirmed.
Petition for Reconsideration granted by the WCAB panel, amending the WCJ's decision and affirming the remainder of the September 28, 2021 Findings of Fact and Order.
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 WCAB panel granted reconsideration to amend the WCJ's decision to clarify that the present value of the life pension shall be made in accordance with the commutation instructions and actuarial data, and ordered the remaining balance of the award to be commuted to its current value and paid to the applicant, less attorney's fees.
From the decision · page 1We have considered the allegations of the Petition for Reconsideration and the contents of the report of the workers' compensation administrative law judge (WCJ) with respect thereto. Based on our review of the record, and for the reasons stated in the WCJ's report, which we adopt and incorporate, except for the recommendation that we deny reconsideration, we will grant reconsideration, amend the WCJ's decision for the reasons noted below, and otherwise affirm the September 28, 2021 Findings of Fact and Order. We amend the decision solely to clarify that, under Labor Code Section 5101(b), the present value of a life pension shall be made in accordance with the Commutation Instructions contained in Section 10169, and shall be based on the actuarial data. (Cal. Code Regs., tit. 8, § 10169.1(a).)