CompFox AI Summary
This case involves a deceased Caltrans employee whose widow and child sought death benefits. The Workers' Compensation Appeals Board (WCAB) affirmed the finding that the employee's death was industrially related, overturning the defendant's argument that it was not substantial evidence. The WCAB also amended the original award to defer the specific amounts for death benefits and attorney fees, returning the case to the trial level for clarification on payment methods. This amendment addresses a clerical error regarding earnings and clarifies that accrued death benefits should be paid at the stipulated temporary disability rate, divided between dependents, not as separate full rates.
Full Decision Text1 Pages
This case involves a deceased Caltrans employee whose widow and child sought death benefits. The Workers' Compensation Appeals Board (WCAB) affirmed the finding that the employee's death was industrially related, overturning the defendant's argument that it was not substantial evidence. The WCAB also amended the original award to defer the specific amounts for death benefits and attorney fees, returning the case to the trial level for clarification on payment methods. This amendment addresses a clerical error regarding earnings and clarifies that accrued death benefits should be paid at the stipulated temporary disability rate, divided between dependents, not as separate full rates.
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