Audelino Valladares (deceased), celeste Valladares, Widow, And celeste Valladares As Guardian Ad litem For Pablo Valladares, Lydia valladares, And Leah Valladares, vs. Skycrest Enterprises Dba Cousin Gary’s Homes And State Compensation Insurance Fund,

(RDG 0129598) This case involves SKYCREST ENTERPRISES dba COUSIN GARY'S HOMES and STATE COMPENSATION INSURANCE FUND, AUDELINO VALLADARES (Deceased), CELESTE VALLADARES, Widow, and CELESTE VALLADARES as Guardian ad Litem for PABLO VALLADARES, LYDIA VALLADARES, and LEAH VALLADARES. The Workers' Compensation Appeals Board granted reconsideration and affirmed the decision of the WCJ that the decedent's death arose out of and occurred in the course of his employment, and that the

SKYCREST ENTERPRISES dba COUSIN GARY’S HOMES and STATE COMPENSATION INSURANCE FUND, AUDELINO VALLADARES (Deceased), CELESTE VALLADARES, Widow, and CELESTE VALLADARES as Guardian ad Litem for PABLO VALLADARES, LYDIA VALLADARES, and LEAH VALLADARES, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAAUDELINO VALLADARES (Deceased), CELESTE VALLADARES, Widow, and CELESTE VALLADARES as Guardian ad Litem for PABLO VALLADARES, LYDIA VALLADARES, and LEAH VALLADARES, Applicants,vs.SKYCREST ENTERPRISES dba COUSIN GARY’S HOMES and STATE COMPENSATION INSURANCE FUND, Defendant(s).Case No. ADJ1774643 (RDG 0129598)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION            Defendant State Compensation Insurance Fund (hereafter “petitioner” or “SCIF”) seeks reconsideration of the Findings and Award issued by a workers’ compensation administrative law judge (WCJ) on August 4, 2009, wherein the WCJ found that the decedent, while employed as mobile home assembler on August 1, 2007, sustained industrial injury resulting in his death. The WCJ further found that the decedent’s widow and his minor children, applicants herein, were all total dependents entitled to the full statutory death benefit in effect on the date of the decedent’s injury. As relevant here, with respect to the February 11, 2009 deposition set before a WCJ at the Appeals Board, the WCJ found that applicants’ attorney was entitled to a $1,500.00 deposition fee and that SCIF was not entitled to costs. The WCJ ordered petitioner to pay a sanction in the amount of $800.00 to the Workers’ Compensation Appeals Board.            In its Petition for Reconsideration, SCIF contends that decedent’s injury and death from being shot was not related to his employment even though he was on the work site when he was shot. Petitioner argues that the evidence supports finding that the widow was involved in the , murder of decedent, that decedent’s injury and death was the result of a personal assau

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