Antunez Rendon, Martin

Martin Antunez Rendon, a tree cutter, died from injuries arising out of and in the course of employment on October 28, 2022. His minor daughter Melanie (born March 4, 2022), through guardian ad litem Rosa Gutierrez, sought death benefits as a total dependent under Labor Code section 3501(a). The WCJ found Melanie was not a total dependent because she neither lived with the decedent nor was subject to a support order, and further found the evidence insufficient to establish partial dependency. On reconsideration, the WCAB rescinded the findings, holding that uncontroverted testimony established the decedent was legally liable for Melanie's maintenance at the time of injury, thereby triggering the conclusive presumption of total dependency. The Board substituted a finding that Melanie is a total dependent, deferred the issue of section 4703.5(a) benefits, and remanded for further proceedings.