Case Law Database

JANA CARLSON (Deceased) KENNETH CARLSON (Widower) vs. CONTINENTAL VINEYARDS, EMPLOYERS COMPENSATION INSURANCE COMPANY

This case concerns a petition for reconsideration of a workers' compensation award for the death of Jana Carlson. The defendants contest the award of maximum death benefits, arguing the decedent's earnings were stipulated as minimum, and challenge the dependency of a foster child without a presumption. The Appeals Board granted reconsideration to defer determination of the foster child's dependency and the rate of benefits under Labor Code section 4703.5, but affirmed the WCJ's findings on other issues, including the appointment of the widower as guardian ad litem.