GO NATIVE INC THE HARTFORD LUIS ALBERTO AUDELO PARTIDA (Deceased) MALIXSA HARO (Widow) WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIALUIS ALBERTO AUDELO PARTIDA,(Deceased); MALIXSA HARO (Widow), Applicant,vs.GO NATIVE, INC.; THE HARTFORD, Defendants.Case No. ADJ7821766(San Jose District Office)OPINION AND DECISIONAFTER RECONSIDERATION We previously granted defendant’s petition for reconsideration of the October 31, 2011 Findings And Award of the workers’ compensation administrative law judge (WCJ) who found that Luis Albert Audelo Partida incurred industrial injury that caused his death arising out of and in the course of his employment by defendant on May 26, 2011. The WCJ further found that the decedent’s widow Malixsa Haro and his four minor children Yasmin Audelo-Haro, Kimberley Audelo-Haro, Karen A. Audelo- Haro, and Fatima I. Audelo-Haro were total dependents, entitling them to death benefits pursuant to Labor Code section 4702 in the amount of $320,000, with the minor children “also entitled to the additional minor’s periodic death benefits under Labor Code §4703.5.” The WCJ further determined that the “reasonable weekly death benefit payable on account of decedent’s death is $600 per week, both for the $320,000 death benefit and for the succeeding additional minor’s periodic death benefits,” and entered an award to that effect. Defendant contends that the WCJ’s award of payment of weekly death benefits at the rate of $600 per week is not supported by substantial evidence and is an abuse of discretion. An answer was not received. The WCJ provided a Report and Recommendation on Petition for Reconsideration (Report) recommending that reconsideration be denied, or in the alternative, that/ / // / / , reconsideration be granted for the purposed of awarding or considering the award of a cost of living adjustment (COLA) to the death benefits found due.1 We have carefully reviewed the record and considered the a
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