Rosales, Jose Luis

Jose Luis Rosales died on February 6, 2020 from a cumulative trauma sustained during his employment with Oak Knoll Farming. The WCJ found his daughter Jacqueline to be a total dependent entitled to a $250,000 death benefit, and his wife Maria to be a partial dependent entitled to $780. Maria and Jacqueline sought reconsideration, arguing Maria should be a presumptively total dependent, that the combined award should be $290,000, that the WCJ ignored evidence supporting greater partial dependency, and that the temporary disability award failed to account for COLA/SAWW. The Board affirmed that Maria was not a presumptively total dependent because her earnings ($32,923.41) exceeded the $30,000 threshold in section 3501(b), and rejected the $290,000 and COLA arguments. However, the Board granted reconsideration and deferred the issue of Maria's partial dependency entitlement, returning the matter to the trial level to develop the record on the amount annually devoted to her support from decedent's earnings.