Home/Case Law/ANTONIO BARBUTO (Deceased), ADRIANA BARBUTO MIGLIANO (Widow) vs. SIEMERS ENGINEERING COMPANY, STATE COMPENSATION INSURANCE FUND
Regular DecisionReconsideration

ANTONIO BARBUTO (Deceased), ADRIANA BARBUTO MIGLIANO (Widow) vs. SIEMERS ENGINEERING COMPANY, STATE COMPENSATION INSURANCE FUND

Filed: Sep 28, 2012
ADJ4198621 (VNO 0495392)

CompFox AI Summary

This case involves a dispute over the decedent's earning capacity for calculating death benefits following his fatal industrial injury. The defendant, SCIF, argues the judge's finding that the decedent was promoted to backhoe operator and had the earning capacity of that role lacks substantial evidence. The Appeals Board granted reconsideration, rescinded the prior award, and returned the matter for further proceedings due to an inadequate record. The Board emphasized the need for a proper evidentiary record detailing the decedent's employment, qualifications, and earnings before a determination can be made.

Full Decision Text1 Pages

This case involves a dispute over the decedent's earning capacity for calculating death benefits following his fatal industrial injury. The defendant, SCIF, argues the judge's finding that the decedent was promoted to backhoe operator and had the earning capacity of that role lacks substantial evidence. The Appeals Board granted reconsideration, rescinded the prior award, and returned the matter for further proceedings due to an inadequate record. The Board emphasized the need for a proper evidentiary record detailing the decedent's employment, qualifications, and earnings before a determination can be made.

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