WCPanelIQ
PanelDenied

Von Gunten III, Fred

FRED VON GUNTEN III, Applicant vs. CHAMPION INDUSTRIAL CONTRACTORS; ZURICH AMERICAN INS., Defendants

ADJ number
ADJ18453561
Decision date
Feb 13, 2025
District office
Lodi
WCJ
—
Claim administrator
Zurich American Insurance Company
Commissioners
KATHERINE A. ZALEWSKI, CHAIR, KATHERINE WILLIAMS DODD, COMMISSIONER
LC §5909LC §5900LC §3502

Summary

Fred Von Gunten III, age 21, sustained a stipulated industrial injury resulting in his death on October 25, 2023. The sole trial issue was the extent of dependency of Victoria Sandoval, his fiancée, who lived with him at his parents' home and earned $353.63 per week at the time of his death. The WCJ found Ms. Sandoval was a total dependent and awarded death benefits accordingly, and the defendant sought reconsideration arguing she was only a partial dependent because of her regular earnings and because she lived in the home of the deceased's parents. The WCAB denied reconsideration, concluding that the decedent paid virtually all of her living expenses and that her modest earnings were ancillary, establishing total dependency under Labor Code section 3502.

Issues

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Holding

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Analysis

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Applicant takeaway

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Defense takeaway

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Provider takeaway

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