What the panel ordered
Petition for Reconsideration granted; November 6, 2025 FA&O rescinded; matter returned to trial level for further proceedings.
Defendant sought reconsideration of the Findings and Award and Orders (FA&O) of November 6, 2025, which awarded death benefits to the niece as a dependent. The WCJ prepared a Report recommending granting the petition. The WCAB granted the petition, rescinded the FA&O, and returned the matter to the WCJ for further proceedings.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.
The record lacked sufficient evidence to determine if the niece qualified as a 'child' under section 3501(a) for special death benefits under section 4703.5. The WCJ must hold further proceedings to develop the record and consider relevant case law.
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
The record did not contain sufficient evidence to establish whether the niece qualified as a 'child' under Labor Code section 3501(a) for special death benefits.
Favours neutral
This lack of evidence prevented the WCJ from making a determination on the niece's entitlement to special death benefits under section 4703.5.