VISTAR MANAGEMENT, ZURICH AMERICAN, administered by GALLAGHER BASSETT SERVICES. INCORPORATED, GEORGE B. QUINN, III (Deceased) GEORGE QUINN, JR., et al (Applicants), WORKERS-COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAGEORGE B. QUINN, III (Deceased)GEORGE QUINN, JR., et al (Applicants),, Applicant,vs.VISTAR MANAGEMENT, ZURICHAMERICAN, administered by GALLAGHERBASSETT SERVICES. INCORPORATED,, Defendants.Case No. ADJ1091802 (SBR 0342159)OPINION AND ORDERDENYING PETITIONSFOR RECONSIDERATION Defendant and applicant each seek reconsideration of the September 1 201(1 Findings and Award and Order wherein the workers compensation administrative law judge (WCJ) found that decedent did not lease any dependents and awarded a death benefit of $250.000 to the Death Without Dependants Unit of the Department of Industrial Relations (DWD). We have reviewed the petitions tor ^consideration and the answer filed by the DWD. The WCJ prepared a report and recommendation on petition for reconsideration (repon». For the reasons discussed below’, and by the WCJ in her report, which we adopt and incorporate by reference, we will deny reconsideration. When determining partial dependency in a community living or ‘Tamils pot” situation not involving a surviving spouse, the following principles apply(1) the decedent’s contributions must have been integral to the maintenance of the dependent’s standard of living (Steele) (1999) 19 Cal.4* 1182. 1194 [64 Cal.Comp.Cascs 11; Atlantic Richfield Co. i. Workers’ Comp. Appeal’ lid. IArvi:u)(1982) 31. Cat.3d 715. 722 ¡47 Cal.Comp.Cases , (2) payments made by an adult child to assist the family in paying its bills, buying its home, or otherwise maintaining its lifestyle qualify as support payments if. in fact, the payments contributed to maintaining the family’s standard of living: however, if the payments made by an adult child did not exceed what the family spent to maintain the adult child (e g., food and medical c
George B. Quinn III vs. Vistar Management and Zurich American
(SBR 0342159) is a case involving Vistar Management, Zurich American, administered by Gallagher Bassett Services. Incorporated, George B. Quinn, III (Deceased) George Quinn, Jr., et al (Applicants). The Workers' Compensation Appeals Board denied the petitions for reconsideration of the September 1, 2011 Findings and Award and Order, which found that the decedent did not lease any dependents and awarded a death benefit of $250,000 to the Death Without Dependants Unit of the Department of Industrial Relations (DWD). The Board found that none of the decedent's family members qualified as partial dependants, as the decedent's contributions did not exceed what the family spent to maintain
- Filed On:
- Court: California, San Bernardino
- Case No. ADJ1091802
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