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PanelRemanded

Theus, Ronald

RONALD THEUS, Applicant vs. MELODY EXPRESS, ILLEGALLY UNINSURED; UNINSURED EMPLOYERS BENEFITS TRUST FUND, Defendants

ADJ number: ADJ424792
Decision date: Sep 6, 2023
District office: Fresno
WCJ: —
Claim administrator: Uninsured Employers Benefits Trust Fund (UEBTF)
Commissioners: KATHERINE WILLIAMS DODD, COMMISSIONER, JOSEPH V. CAPURRO, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR

Injury / body parts: death (fatal injuries)

LC §3700LC §4453LC §4453(a)(10)LC §4659LC §4659(c)LC §4661.5LC §4653LC §5700CCR §10401CCR §10401(c)

Summary

Ronald Theus, a truck driver for illegally uninsured Melody Express, was killed in a 2005 trucking accident, leaving three dependent children. A January 8, 2008 Stipulated Award provided death benefits totaling $840/week, with attorney fees of $24,000 and an additional $60,674 commuted from the 'far end' of the award. After the older children reached majority, the youngest, Destiny, was to receive the full benefit including the 'minor's extension' until age 18. Her guardian ad litem disputed whether the UEBTF properly paid all benefits owed, contending the weekly rate after 2017 resumption was improperly reduced. The Board found the record inadequately explained the basis for the DEU's conclusion that obligations were satisfied—particularly the appropriate weekly rate—and rescinded the F&A, returning the matter to the trial level for further proceedings.

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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Similar decisions

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Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.