CALTRANS; Legally Uninsured, adjusted by STATE COMPENSATION INSURANCE FUND, RAYMOND ORTEGA (Deceased) ELIZABETH ORTEGA (Widow) NOAH ORTEGA and ANDREA ORTEGA (Minors), WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIARAYMOND ORTEGA (Deceased)ELIZABETH ORTEGA (Widow)NOAH ORTEGA and ANDREA ORTEGA (Minors), Applicant,vs.CALTRANS; Legally Uninsured, adjusted bySTATE COMPENSATION INSURANCE FUND, Defendant(s).Case No. ADJ2041680 (MON 0361210)OPINION AND DECISION AFTER RECONSIDERATION We previously granted defendant’s petition for reconsideration to further study the factual and legal issues in this case. This is our Opinion and Decision After Reconsideration. Defendant sought reconsideration of the Findings, Award and Order of November 18, 2008, wherein the workers’ compensation administrative law judge (WCJ) found, pursuant to stipulation, that applicant, Elizabeth Ortega, was the wife of Raymond Ortega, deceased, who was employed during the period 1996 through October 27, 2002, as a landscape maintenance worker, that Mr. Ortega died on March 1, 2006, that his earnings were $427.08,1 that Elizabeth Ortega and Noah Ortega were total dependants of Raymond Ortega, and that Andrea Ortega is a child of Raymond Ortega. The WCJ found that Mr. Ortega died as a proximate result of his industrial injuries, that Andrea Ortega is neither a total nor partial dependent, that applicant is entitled to burial expenses, and that applicant’s attorney is entitled to a fee of $17,400.00. The Award reads: as follows:’ 1This appears to be a clerical error. The actual stipulation was that his earnings were $640.62, resulting in a temporary disability rate of $427.08. The Opinion on Decision states the proper amounts. , “AWARD IS MADE in favor of Elizabeth Ortega, widow (Raymond Ortega, deceased), and Noah Ortega, both total dependents, against Cal Trans, legally uninsured of $145,000.00, and in addition, verified unpaid burial expenses up to a maximum
