CITY OF LOS ANGELES, Permissibly Self-Insured, HECTOR E. HERNANDEZ (Deceased), GEANA HERNANDEZ (Widow), WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAHECTOR E. HERNANDEZ (Deceased),GEANA HERNANDEZ (Widow), Applicant,vs.CITY OF LOS ANGELES, Permissibly Self-Insured, Defendant(s).Case No. ADJ2047537 (MON 0251944)NOTICE OF INTENTION TO ISSUE DECISION AFTER RECONSIDERATION AMENDING FINDINGS AND AWARD OF FEBRUARY 18, 2009 We previously granted defendant’s petition for reconsideration to further study the factual and legal issues in this case. Defendant sought reconsideration of the February 18, 2009 Findings and Award, wherein the workers’ compensation administrative law judge (WCJ) found, in pertinent part, that applicant, while employed as Director of Security Services during the cumulative trauma period 1969 through December 21, 1998, sustained industrial injury to his internal organs, including heart, and to his psyche, resulting in his death on June 25, 2000. The WCJ found that Geana Hemandez, decedent’s widow, was a partial dependent of decedent on the date of injury and entitled to a death benefit of $25,000.00, and that Jacqueline Hernandez, decedent’s daughter, was a total dependent, entitled to a death benefit of $125,000.00, and a further death benefit of $490.00 per week for life. Defendant contended that the WCJ’s finding on the date of injury was incorrect, and that he erred in finding Jacqueline Hernandez to be a total dependent. We have considered the Petition for Reconsideration and applicant’s Answer, and we have reviewed the record in this matter. The WCJ prepared a Report and Recommendation on Defendant’s Petition for Reconsideration (Report), recommending that the petition be denied. , For the reasons discussed below, we will issue a notice of intention to issue a decision after reconsideration affirming that Jacqueline Hernandez was a total dependent and that she is entitled to a death benefit
Hector E. Hernandez (deceased), Geana Hernandez (widow), vs. City Of Los Angeles, Permissibly Self-insured,
- Filed On:
- Court: California, San Francisco
- Case No. ADJ2047537
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