Diaz, Maria (Dec.)

Maria Diaz died on June 19, 2023 from complications during a left total knee arthroplasty performed to treat her industrial cumulative trauma injury, making her death industrial. Her biological son, Jonathan Tevez, an 18-year-old full-time high school student who lived with her, filed a death claim alleging total dependency. The WCJ found the section 5412 date of injury to be April 6, 2023 and awarded Tevez a $250,000 death benefit under Labor Code section 4702(a)(3) as a total dependent. Defendant sought reconsideration, arguing Tevez was only a partial dependent (capped at $25,000 under section 4703) because he had begun contributing $400/month toward rent. The Board adopted the WCJ's Report and denied reconsideration, holding that paying rent covered only a small fraction of the support Tevez relied on from his mother and that his brief, irregular part-time earnings did not undermine his total dependency status.