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Case Name | Rivera vs. WCAB (Tower Staffing) | |
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Date | 10/03/2003 | |
Note | Overrules En Banc decision in Rivera vs Tower Staffing: 4650 applies to both periodic and accrued indemnity, but not commuted lump sums. | |
Citation | 112 Cal.App.4th 1124 | |
WCC Citation | WCC 29562003 CA |
Rivera also requested commutation of future indemnity payments into a lump sum, which was approved by the Workers' Compensation Appeals Board (WCAB). Accordingly, the decision of the WCAB is annulled and the matter is remanded for further proceedings consistent with this opinion. On December 12, 2000, Rivera and Tower entered into Stipulations with Request for Award (Stipulations), which was awarded by the WCJ. In addition, Rivera would receive a life pension at the indemnity rate of $51. 75 per week after the payment of permanent disability indemnity. At the same time, Rivera petitioned for commutation into a lump sum all future indemnity payments, including the life pension.
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