Resolution Law Corp and Republic Indemnity Co. Of America Christopher Peckham (Dec’d), Lisa Falvo-Peckham (Widow) WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIA CHRISTOPHER PECKHAM (Dec’d)LISA FALVO-PECKHAM (Widow) Applicant, OPINION AND ORDERDENYING PETITION FOR VS. RECONSIDERATIONRESOLUTION LAW CORP AND REPUBLICINDEMNITY CO. OF AMERICA, Defendants.Case No. ADJ6790437OPINION AND ORDER DENYING PETITION FOR RECONSIDERATION Applicant, Lisa Falvo-Peckham, widow of decedent Christopher Peckham, seeks reconsideration of the Findings and Award, issued April 8, 2010, in which a workers’ compensation administrative law judge (WCJ) found applicant’s decedent’s earnings on the date of injury were $1,780.54 per week, and ordered defendant to pay death benefits to applicant and her daughter of $916.33 per week until June 21, 2008, and then adjusted to the lower of $1,187.03 per week or 2/3rds of the then-current State Average Weekly Wage (SAWW) per week, to be re-adjusted accordingly on the first of January of each year until September 21, 2026, less a commutation to pay a 15% attorney’s fee. Applicant contends the WCJ erred in capping her benefits at $1,187.03 per week, where Labor Code section 4453(a)(10) provide that such benefits are to be adjusted annually according to the SAWW, where there was substantial evidence of a high likelihood that the decedent’s future earnings would have increased at a rate greater than the SAWW. Applicant further argues that the WCJ erred in concluding expert testimony was necessary to determine future earning capacity, as there is a statutory mechanism in place for annual adjustments. No answer to the petition for reconsideration was received. , For the reasons set forth herein, we shall affirm the WCJ’s determination and deny applicant’s petition for reconsideration.Background The parties entered into a stipulated award on August 18, 2009, finding Christopher S Peckham, sustained injury arising out of
