Morris, Brian

Correctional officer Brian Morris died from an industrial heart injury, leaving behind his partner Charisma Johnson, his son, his stepdaughter, and a minor niece for whom he and Johnson were caregivers. The WCJ found all three children total dependents entitled to death benefits under section 4702(a)(5) and awarded ongoing special death benefits under section 4703.5 to the son and the niece. Defendant sought reconsideration, arguing the niece was not a 'child' as defined in section 3501(a) and thus not entitled to the section 4703.5 special death benefit. The Board granted reconsideration, finding the record insufficient to determine whether the niece qualified, particularly because it was unclear whether applicant was the niece's legal guardian or foster parent. The Board rescinded the FA&O and returned the matter to the WCJ to develop the record and apply the reasoning in Carlson and Franco.