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The Appeals Board reversed the WCJ's decision, finding that the decedent's dependent children, Ian and Amanda Bair, showed good cause under Labor Code section 4704 to receive workers' compensation death benefits despite the widow receiving a special death benefit from PERS. This decision acknowledged the children's financial dependency and educational aspirations, overriding Labor Code section 4707's general preclusion. The Board also ordered reimbursement for specific medical-legal costs and returned the issue of attorney's fees to the WCJ for determination.
Full Decision Text1 Pages
The Appeals Board reversed the WCJ's decision, finding that the decedent's dependent children, Ian and Amanda Bair, showed good cause under Labor Code section 4704 to receive workers' compensation death benefits despite the widow receiving a special death benefit from PERS. This decision acknowledged the children's financial dependency and educational aspirations, overriding Labor Code section 4707's general preclusion. The Board also ordered reimbursement for specific medical-legal costs and returned the issue of attorney's fees to the WCJ for determination.
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