California Labor Code 5100 – At the time of making its award, or at any time thereafter, the …
At the time of making its award, or at any time thereafter, the appeals board, on its own motion either upon notice, or upon application of either party with due notice to the other, may commute the compensation payable under this division to a lump sum and order it to be paid forthwith or at some future time if any of the following conditions appear:
(a) That such commutation is necessary for the protection of the person entitled thereto, or for the best interest of the applicant. In determining what is in the best interest of the applicant, the appeals board shall consider the general financial condition of the applicant, including but not limited to, the applicant’s ability to live without periodic indemnity payments and to discharge debts incurred prior to the date of injury.
Terms Used In California Labor Code 5100
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- employer: means :
California Labor Code 3300
- injury: as used in this division , includes cancer, including leukemia, that develops or manifests itself during a period in which any member described in subdivision (a) is in the service of the department or unit, if the member demonstrates that he or she was exposed, while in the service of the department or unit, to a known carcinogen as defined by the International Agency for Research on Cancer, or as defined by the director. See California Labor Code 3212.1
- Person: means any person, association, organization, partnership, business trust, limited liability company, or corporation. See California Labor Code 18
(b) That commutation will avoid inequity and will not cause undue expense or hardship to the applicant.
(c) That the employer has sold or otherwise disposed of the greater part of his assets or is about to do so.
(d) That the employer is not a resident of this state.
(Amended by Stats. 1982, Ch. 1015, Sec. 1.)