ADJ659445 — California WCAB decision

What the panel ordered

WCAB rescinded the November 28, 2023 Findings of Fact, Orders, and Award and returned the matter to the WCJ to consider the Compromise and Release and conduct further proceedings as appropriate

Petition for Reconsideration filed by defendant State Compensation Insurance Fund challenging WCJ's findings and award; WCJ Report and Recommendation to amend findings; WCAB granted petition to amend findings and returned matter to WCJ for consideration of parties' Compromise and Release settlement

Read the official decision →

This docket was decided more than once. Shown here is the latest released decision; we also hold February 15, 2024.

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.

Death benefitsMixed

The WCJ found industrial causation for decedent's death and awarded death benefits to three dependents, but the WCJ's finding regarding the special death benefit for the brother was amended on reconsideration.

From the decision · page 1In that decision, the WCJ found that decedent sustained industrial injury arising out of and in the course of employment on June 30, 2006 resulting in his death. The WCJ further found that applicant was dually employed by Bella Toluca, LLC/Nile Niami and Apex Design Builders, Inc. with joint and several liability.

The facts that decided it

What the panel treated as outcome-determinative, and which side it favoured.

Decedent sustained industrial injury resulting in death on June 30, 2006.

Favours Applicant prevailed

This fact established the basis for death benefits eligibility.

From the decision · page 1In that decision, the WCJ found that decedent sustained industrial injury arising out of and in the course of employment on June 30, 2006 resulting in his death. The WCJ further found that applicant was dually employed by Bella Toluca, LLC/Nile Niami and Apex Design Builders, Inc. with joint and several liability.

The WCJ found three total dependents: decedent's brother, sister, and mother, and awarded full death benefits to be divided equally.

Favours Applicant prevailed

This fact supported the award of death benefits to the dependents.

The WCJ rejected defendant's intoxication defense and found industrial causation for death.

Favours Applicant prevailed

This fact supported the finding that the death was industrially caused.

The WCJ amended findings to state decedent's brother is not entitled to the special death benefit under Labor Code section 4703.5.

Favours Defendant prevailed

This amendment affected the distribution of death benefits.

From the decision · page 2Applicant filed an Answer to the Petition. The WCJ filed a Report and Recommendation on Petition for Reconsideration (Report) recommending the petition be granted solely to amend the findings of fact number 10 to state that decedent's brother is not entitled to the special death benefit per section 4703.5, and the findings otherwise be affirmed. On February 15, 2024, we issued an interim non-final order granting the petition, and further ordered that the matter be referred to a WCJ at the Appeals Board for a status conference. Thereafter, the parties attended the aforementioned status conference to discuss the issues raised. On November 27, 2024, the parties advised that a proposed settlement by Compromise and Release (C&R) has been reached in this matter, and signed a stipulation to return the matter

ADJ659445 · December 6, 2024

What the panel ordered

What was disputed, and how it came out

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The facts that decided it

The rules the panel named

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