Home/Case Law/CRESENCIO BENITEZ (Deceased); BEATRIZ GAONA (Widow) vs. AZITEX TRADING; EMPLOYERS COMPENSATION
Regular DecisionReconsideration

CRESENCIO BENITEZ (Deceased); BEATRIZ GAONA (Widow) vs. AZITEX TRADING; EMPLOYERS COMPENSATION

Filed: Jul 15, 2019
Los Angeles
ADJ10455970

CompFox AI Summary

Applicant sought death benefits for her husband's fatal pneumonia, alleging it resulted from cumulative industrial exposure. The Workers' Compensation Appeals Board denied her petition for reconsideration, upholding the trial judge's finding that the decedent did not sustain industrial injury. This denial was based on the exclusion of applicant's medical evidence and adherence to the trial judge's report. One commissioner dissented, arguing the record was underdeveloped and further investigation into the decedent's workplace exposures was necessary for substantial justice.

Full Decision Text1 Pages

Applicant sought death benefits for her husband's fatal pneumonia, alleging it resulted from cumulative industrial exposure. The Workers' Compensation Appeals Board denied her petition for reconsideration, upholding the trial judge's finding that the decedent did not sustain industrial injury. This denial was based on the exclusion of applicant's medical evidence and adherence to the trial judge's report. One commissioner dissented, arguing the record was underdeveloped and further investigation into the decedent's workplace exposures was necessary for substantial justice.

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