SUPERIOR TANK COMPANY; TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA JOSE CHAVEZ (dec’d) EDORIA MALDONADO WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJOSE CHAVEZ (dec’d) EDORIA MALDONADO, Applicant,vs.SUPERIOR TANK COMPANY; TRAVELERS PROPERTYCASUALTY COMPANY OF AMERICA, Defendants.Case Nos. ADJ7486889ADJ7638686(Bakersfield District Office)OPINION AND ORDERS GRANTING RECONSIDERATION; DISMISSING PETITIONFOR REMOVAL; AND DECISION AFTER RECONSIDERATION Defendant seeks reconsideration of, and alternatively requests removal regarding, the July 5, 2012 “Orders Admitting Evidence: Findings of Fact, Joint Award & Order” issued by the workers’ compensation administrative law judge (WCJ). Therein, the WCJ found that Jose Chavez (decedent), while employed as a welder from May 17, 2009 to September 28, 2009, sustained injury arising out of and occurring in the course of employment (AOE/COE) to his lungs and digestive system resulting in his death on October 17, 2010. The WCJ further found that applicant Edoria Maldonado was not decedent’s dependent during the period from May 17, 2009 to September 28, 2009, that decedent was temporarily totally disabled on an industrial basis from August 5, 2010 until his death on October 17, 2010, and that decedent received State Disability Insurance (SDI) benefits from lien claimant Employment Development Department (EDD) from August 12, 2010 until his death on October 17, 2010. Based on these findings, the WCJ allowed EDD’s lien in the amount of $4,346.57 and ordered that applicant take nothing further on account of her Application for Adjudication of Claim seeking death benefits. Defendant contends that the WCJ violated its right to due process by finding that that decedent sustained cumulative industrial injury to his lungs and digestive system resulting in his death on October 17, 2010. Defendant argues that the issues of injury AOE/COE and whether the claimed industrial injury resulted in decedent’s death w
Menu
