CompFox AI Summary
This case concerns dependent benefits for the adult daughter of a deceased employee. The applicant argued that a Social Security Administration (SSA) Notice of Award conclusively presumed her dependency for death benefits under Labor Code section 3501(a). The Appeals Board reversed the WCJ's decision, finding the SSA's disability determination constitutes an administrative finding by a trier of fact that the applicant was incapacitated from earning. This finding, occurring prior to the mother's death, satisfies the statutory requirement for conclusive presumption of dependency.
Full Decision Text1 Pages
This case concerns dependent benefits for the adult daughter of a deceased employee. The applicant argued that a Social Security Administration (SSA) Notice of Award conclusively presumed her dependency for death benefits under Labor Code section 3501(a). The Appeals Board reversed the WCJ's decision, finding the SSA's disability determination constitutes an administrative finding by a trier of fact that the applicant was incapacitated from earning. This finding, occurring prior to the mother's death, satisfies the statutory requirement for conclusive presumption of dependency.
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