What the panel ordered
Petition for Reconsideration granted; Findings of Fact rescinded and substituted; issue of entitlement to death benefits deferred; matter returned to trial level for further proceedings
Petition for Reconsideration granted, Findings of Fact rescinded and substituted, matter returned to trial level for further proceedings
What was disputed, and how it came out
Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.
Since Melanie the applicant was found to be a total dependent, the issue of her entitlement to death benefits under Labor Code section 4703.5(a) was deferred for further proceedings.
From the decision · page 7In this regard, the record shows that the WCJ determined that Melanie the applicant is not entitled to Labor Code section 4703.5(a) death benefits based solely upon the finding that she was not a total dependent of the applicant and is otherwise undeveloped as to that issue. (Report, p. 7.) But since we have determined that Melanie the applicant was a total dependent, the record is without grounds to support the finding that she is not entitled to Labor Code section 4703.5(a) death benefits. Accordingly, we will substitute a finding that defers the issue of whether Melanie the applicant is entitled to Labor Code 4703.5(a) death benefits.