Southern California Edison, Permissibly Self-Insured, Jeffrey Moon (Deceased), WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJEFFREY MOON (DECEASED),Applicant,vs.SOUTHERN CALIFORNIA EDISON, Permissibly self-insured ,Defendant.Case No. ADJI0499473(Anaheim District Office)OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION AND DECISION AFTER RECONSIDERATION Southern California Edison (defendant) seeks reconsideration of the Findings of Fact (FOF) issued by a workers’ compensation administrative law judge (WCJ) on March 16, 2017. In relevant part, the FOF found that the deceased’s minor son, Jacob Eaiden Moon (Eaiden) is physically or mentally incapacitated from earning and is entitled to life-time death benefits pursuant to Labor Code 1 section 4703.5(a). Defendant contends that the WCJ erred in finding that Eaiden is physically or mentally incapacitated from earning, arguing that the finding is not supported by substantial medical evidence. The WCJ prepared a Report and Recommendation on Petition for Reconsideration (Report) in which he recommends that we deny the Petition. Applicant has filed an Answer to the Petition urging affirmance of the FOF. We have considered the allegations of the Petition, the contents of the WCJ’s Report with respect thereto, and the Answer filed by applicant. Based on our review of the record in this case, and for the reasons discussed below, we will grant reconsideration; amend Finding Number.4 to find that Eaiden is entitled to death benefits per section 3501(a), but defer the issue of his entitlement to death benefits pursuant to section 4703(a) pending further development of the record with regard to whether or not 1 All statutory references hereinafter are to the Labor Code unless otherwise indicated. , Eaiden is physically or mentally incapacitated from earning; and we will rescind Finding Number 5, pending further development of the record with regard to Eaiden’s entitlement to life-tim
Menu
