CompFox AI Summary
The Workers' Compensation Appeals Board granted reconsideration and rescinded the original decision, remanding the case to the WCJ. The Board found that the WCJ erred in determining that no benefits were payable to the decedent's partially dependent adult children, Joseph and Sarah Eccleston, solely because the widow elected the CalPERS Special Death Benefit. The Appeals Board clarified that Labor Code section 4704 allows for the reallocation of death benefits upon a showing of "good cause," even when section 4707 applies. The matter was returned for the WCJ to determine if good cause exists to award death benefits to the petitioning children, considering all relevant factors, including statutory support obligations.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted reconsideration and rescinded the original decision, remanding the case to the WCJ. The Board found that the WCJ erred in determining that no benefits were payable to the decedent's partially dependent adult children, Joseph and Sarah Eccleston, solely because the widow elected the CalPERS Special Death Benefit. The Appeals Board clarified that Labor Code section 4704 allows for the reallocation of death benefits upon a showing of "good cause," even when section 4707 applies. The matter was returned for the WCJ to determine if good cause exists to award death benefits to the petitioning children, considering all relevant factors, including statutory support obligations.
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