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The Workers' Compensation Appeals Board rescinded the original findings and returned the case to trial for further proceedings. The Board determined the death benefit claim was timely filed under Labor Code § 5406, even though it was erroneously filed under the decedent's inter vivos claim number. Additionally, the Board found that dependency is determined at the time of injury, not death, and the original finding of no dependent was legally inaccurate and unsupported by the record. Therefore, the WCAB remanded the case to address the dependency issue and potentially assign a separate adjudication number to the death claim.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board rescinded the original findings and returned the case to trial for further proceedings. The Board determined the death benefit claim was timely filed under Labor Code § 5406, even though it was erroneously filed under the decedent's inter vivos claim number. Additionally, the Board found that dependency is determined at the time of injury, not death, and the original finding of no dependent was legally inaccurate and unsupported by the record. Therefore, the WCAB remanded the case to address the dependency issue and potentially assign a separate adjudication number to the death claim.
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