Harrison & Nichols Trucking, Permissibly Self-Insured Devon Davis (Deceased); Carol Davis; Bridgette Davis, Guardian ad Litem for Milan Davis WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIADEVON DAVIS (Deceased); CAROL DAVIS; BRIDGETTE DAVIS, Guardian ad Litem for MILAN DAVIS, Applicants,vs.HARRISON & NICHOLS TRUCKING,Permissibly Self-Insured, Defendant.Case No. ADJ4195124 (VNO 0561028) OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION Applicant Milan Davis (Milan), the son of decedent Devon Davis, seeks reconsideration of a workers’ compensation administrative law judge’s (WCJ) Findings and Award of November 28, 2012, wherein it was found that Milan “is entitled to death benefits at the rate of $570.03 per week until he attains 18 years of age.” In this matter, on May 15, 2008, decedent sustained a fatal injury arising out of and in the course of his employment as a driver. Decedent died on the date of injury. Previously, on December 5, 2011, the WCJ issued a decision finding that applicant’s wife Carol Davis (Carol) was entitled to a death benefit in the amount of $25,000 and that Milan was “entitled to a statutory death benefit pursuant to [Labor Code section] 4703.5 until age 18,” but that the “issue of continuation of [Labor Code section] 4703.5 benefits for Milan Davis due to mental incapacitation past age 18 shall be deferred with WCAB reserved until Milan Davis reaches age 18.” On February 27, 2012, we issued a decision affirming the $25,000 award to Carol, but finding that the WCJ was incorrect in reserving the issue of section 4703.5(a) benefits, finding that Milan did not present evidence that, at the time of injury, he would be expected to be dependent on his parents beyond reaching the age of majority due to a physical or mental incapacity. We returned the matter to the trial level “so that the WCJ may issue a decision which does not reserve jurisdiction over any issue regarding Milan’s alleged incapacity
