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The WCAB denied the applicant's petition, finding the widow correctly received a $25,000 death benefit. However, the Board granted the defendant's petition, rescinding the prior award regarding the minor son, Milan. The WCAB ruled that Milan's entitlement to benefits past age 18 due to alleged incapacity must be determined based on facts existing at the time of injury, requiring expert evidence not presented. The case is returned to the trial level to issue a decision that specifies exact benefits and resolves the issue of Milan's incapacity without reserving jurisdiction.
DEVON DAVIS (Deceased), CAROL DAVIS, BRIDGETTE DAVIS vs. HARRISON & NICHOLS TRUCKING is a workers' compensation case decided in San Francisco. This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in San Francisco.
Full Decision Text1 Pages
The WCAB denied the applicant's petition, finding the widow correctly received a $25,000 death benefit. However, the Board granted the defendant's petition, rescinding the prior award regarding the minor son, Milan. The WCAB ruled that Milan's entitlement to benefits past age 18 due to alleged incapacity must be determined based on facts existing at the time of injury, requiring expert evidence not presented. The case is returned to the trial level to issue a decision that specifies exact benefits and resolves the issue of Milan's incapacity without reserving jurisdiction.
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