Hulse

Hulse v. Workers' Compensation Appeals Board

Good Law
133 Cal. Rptr. 678·63 Cal. App. 3d 221
Court of Appeal of CaliforniaOctober 29, 1976Civ. 38360California2,625 words

Opinion

Opinion

Rattigan, J.

In proceedings regularly conducted upon his application for benefits pursuant to the workers’ compensation law, P. illip Hulse (hereinafter “applicant”) was granted an award which, ar long other things, entitled him to receive weekly permanent disability payments over a period of eight years. He petitioned respondent Workers’ Compensation Appeals Board for “commutation,” or lump sum payment, of the permanent disability award pursuant to Labor Code section 5100, subdivisions (a) and (b). The stated purpose of the commutation, as proposed, was to protect him against inflation by providing for deposit of the commuted lump sum in an income-producing investment with a financial institution.

A board referee denied the petition, and the board denied applicant’s petition for reconsideration. We granted review for the purpose of examining his contention that the board abused its discretion by denying commutation in light of the statute, the relief sought in terms of a “hedge against inflation,” and the circumstances made to appear.

Applicant was injured in the course of his employment in 1973. Subsequent proceedings before the board resulted in an award (“Findings and Award”)…

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