CompFox AI Summary
The Workers' Compensation Appeals Board remanded the case for further proceedings to determine the decedent's average weekly earnings capacity, considering union contract wage increases foreseeable at the time of injury, to establish the proper death benefit rate for minor children. The Board clarified that accrued death benefits owed to a deceased dependent are payable to surviving dependents, not their estate. The original award was rescinded, returning the matter to the trial level for a new decision consistent with the opinion.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board remanded the case for further proceedings to determine the decedent's average weekly earnings capacity, considering union contract wage increases foreseeable at the time of injury, to establish the proper death benefit rate for minor children. The Board clarified that accrued death benefits owed to a deceased dependent are payable to surviving dependents, not their estate. The original award was rescinded, returning the matter to the trial level for a new decision consistent with the opinion.
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