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Case Name | Hulse v. WCAB | |
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Date | 10/29/1976 | |
Note | Board's power to commute award into lump sum must be exercised reasonably, not arbitrarily. | |
Citation | 63 Cal.App.3d 221, 41 CCC 691 | |
WCC Citation | WCC 26171976 CA |
PHILLIP D. HULSE, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD, CONTRA COSTA COUNTY and STATE COMPENSATION INSURANCE FUND, Respondents (Opinion by Rattigan, Acting P. J. , with Christian, J. , and Emerson, J. , concurring. )The petition was opposed by respondent insurer, [63 Cal. App. 3d 225] which is the carrier obligated to pay the award. His income is $905. 00 a month from other sources and his wife has an income of approximately $1,400. 00 a month. The referee [63 Cal. App. 3d 226] also received evidence of the financial return to be anticipated from the lump-sum deposit proposed in the petition. 4 The referee denied the petition for reasons which he stated in a report made to the board upon applicant's petition for reconsideration.
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