Valley Crest Companies, Permissibly Self-Insured Armando Alejandre (Deceased), Alicia Alejandre (Applicant) WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAARMANDO ALEJANDRE, (Deceased),ALICIA ALEJANDRE, (Applicant), Applicants,vs.VALLEY CREST COMPANIES, Permissibly Self-Insured, Defendant(s).Case No. ADJ2583064 (OAK 0340777)OPINION AND ORDERS DENYING RECONSIDERATION, GRANTING RECONSIDERATIONAND DECISION AFTER RECONSIDERATION Defendant has filed two timely Petitions for Reconsiderations In the first, filed on December 7, 2009, defendant seeks reconsideration of our November 12, 2009 Opinion and Decision After Reconsideration. Therein, we partly affirmed and partly reversed the July 31, 2009 Findings and Award issued by the workers’ compensation administrative law judge (WCJ). We affirmed the WCJ’s findings that decedent, while employed on September 10, 2004, sustained admitted industrial injury resulting in his death, that decedent’s mother and three minor siblings are total dependants of the decedent, that defendant is liable for death benefits of $160,000.00, and that applicant’s attorney is entitled to an augmented attorney fee. We reversed the WCJ’s finding that defendant is liable for a special death benefit pursuant to Labor Code1 section 4703.5. In its second Petition for Reconsideration, filed on December 15, 2009, defendant seeks reconsideration of the WCJ’s December 10, 2009 Order Re: Attorney Fees wherein she allowed a $24,000.00 attorney fee. Defendant contends that the Appeals Board erred in affirming the WCJ’s finding that applicant’s attorney is entitled to an augmented attorney fee arguing that there is no legal authority 1 All further statutory references are to the Labor Code, unless otherwise noted. , for such an augmented fee. Defendant also contends that, pursuant to Appeals Board Rule 10859, the WCJ lacked jurisdiction to award attorney fees pending its Petition for Reconsideration. We did not receive an a
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