Home/Case Law/ANAMARIA VITAL (Deceased) JAVIER VITAL, SR. vs. GOLDEN STATE FOODS, LIBERTY MUTUAL INSURANCE COMPANY
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ANAMARIA VITAL (Deceased) JAVIER VITAL, SR. vs. GOLDEN STATE FOODS, LIBERTY MUTUAL INSURANCE COMPANY

Filed: May 17, 2010
San Francisco
ADJ6871855

CompFox AI Summary

This case concerns the calculation of the average weekly wage for death benefits following the industrial death of Anamaria Vital. The applicant, Javier Vital Sr., contended the WCJ erred by calculating the wage based on a 52-week period instead of the decedent's earnings at the time of death, which included recent pay increases. The Appeals Board granted reconsideration, rescinded the WCJ's decision, and found the decedent's average weekly wage to be $1,912.04. This revised calculation entitles the applicant to the maximum rate for death benefits.

Full Decision Text1 Pages

This case concerns the calculation of the average weekly wage for death benefits following the industrial death of Anamaria Vital. The applicant, Javier Vital Sr., contended the WCJ erred by calculating the wage based on a 52-week period instead of the decedent's earnings at the time of death, which included recent pay increases. The Appeals Board granted reconsideration, rescinded the WCJ's decision, and found the decedent's average weekly wage to be $1,912.04. This revised calculation entitles the applicant to the maximum rate for death benefits.

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