Home/Case Law/DAVID LEZCHUK (Deceased), MELISSA LEZCHUK, Guardian ad Litem for MADISON GRACE LEZCHUK, minor vs. CAL FIRE—DEPARTMENT OF FORESTRY AND FIRE PROTECTION, legally uninsured, administered by STATE COMPENSATION INSURANCE FUND
Regular DecisionRegular Panel Decision

DAVID LEZCHUK (Deceased), MELISSA LEZCHUK, Guardian ad Litem for MADISON GRACE LEZCHUK, minor vs. CAL FIRE—DEPARTMENT OF FORESTRY AND FIRE PROTECTION, legally uninsured, administered by STATE COMPENSATION INSURANCE FUND

Filed: Jan 09, 2017
Van Nuys
ADJ8503725

CompFox AI Summary

The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's untimely petition for reconsideration. The Board also denied the defendant's petition, upholding the finding that Madison Lezchuk, the minor dependent, is entitled to an additional death benefit of $53,000. This additional benefit is to be placed in a trust due to the applicant's spending habits and inability to manage funds, ensuring protection of Madison's future interests. The WCAB affirmed that the "good cause" exception under Labor Code section 4704 allows for such awards despite the applicant's receipt of a CALPERS Special Death Benefit.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's untimely petition for reconsideration. The Board also denied the defendant's petition, upholding the finding that Madison Lezchuk, the minor dependent, is entitled to an additional death benefit of $53,000. This additional benefit is to be placed in a trust due to the applicant's spending habits and inability to manage funds, ensuring protection of Madison's future interests. The WCAB affirmed that the "good cause" exception under Labor Code section 4704 allows for such awards despite the applicant's receipt of a CALPERS Special Death Benefit.

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