Sergio Andrade (deceased), Lourdes Figueroa (widow), And Minor Dependents, Sergio Andan Andrade, Cesar Andrade Lopez, And Magdalena Andrade-figueroa vs. Carpinteria Saw & Mow; Granite State Insurance Company

(GOL 0097933)This case is about a fatal industrial injury that occurred on December 13, 2004. The parties stipulated that the survivors were the totally dependent widow and four totally dependent minor children. The issue of the extent of the minors' dependency was raised, and the WCJ determined that for purposes of lifetime benefits under section 4703.5, the issue of mental capacity should be determined when the children reach the age of 18. The Workers' Compensation Appeals Board disagreed and reversed the WCJ, finding that the question of the extent of the minors' dependency shall be determined in accordance with the facts at the time of injury. The Board also affirmed the WCJ with regard to the injured worker's average weekly earnings. The matter

Carpinteria Saw & Mow; Granite State Insurance Company Sergio Andrade (Deceased), Lourdes Figueroa (Widow), and minor dependents, Sergio Andan Andrade, Cesar Andrade Lopez, and Magdalena Andrade-Figueroa WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIASERGIO ANDRADE (Deceased), LOURDES FIGUEROA (Widow), and minor dependents, SERGIO ANDAN ANDRADE, CESAR ANDRADE LOPEZ, GUSTAVO ANDRADE LOPEZ, and MAGDALENA ANDRADE-FIGUEROA, Applicant,vs.CARPINTERIA SAW & MOW; GRANITE STATE INSURANCE COMPANY, Defendants.Case No. ADJ4627948 (GOL 0097933)OPINION AND DECISION AFTER RECONSIDERATION            On March 10, 2011, we granted applicants’ and defendant’s Petitions for Reconsideration of the December 23, 2010 Findings of Fact. Therein, the workers’ compensation administrative law judge (WCJ) found that the “determination of mental capacity to earn should be made under Labor Code1 Section 4703.5 at age 18” and that the average weekly earnings is $832.68. The parties previously stipulated that applicant, while employed as a mechanic on December 13, 2004 sustained industrial injury resulting in his death. The parties also stipulated that Lourdes Figueroa, the widow, is a total dependant and that Sergio Adan Andrade, Cesar Andrade Lopez, Gustavo Andrade Lopez, and Magdalena Andrade Figueroa are totally dependent minors. This matter proceeded to trial on October 26, 2010 on the relevant issues of earnings, extent of dependency in accordance with sections 3501 and 3502, and the allocation of benefits between total dependents. It is from the WCJ’s resulting decision that petitioners seek reconsideration herein. We granted reconsideration in order to allow us 1            All further statutory references are to the Labor Code, unless otherwise noted. , time to further study the factual and legal issues in this case. We now issue our Opinion and Decision After Reconsideration.            Applicants contend that, under section 3502, “questions of entire or partial dependency … and

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