Murrieta, Irene (Reuben Murrieta-Dec.)

Firefighter Rueben Murrieta died of industrial lung cancer on October 18, 2018, after entering a Stipulated Award (ADJ11532712) for 84% PD covering a cumulative trauma injury period of September 19, 1997 through October 26, 2016. In the dependency case, the WCJ found the widow Irene a total dependent (stipulated) and the two adult sons, Anthony and Alejandro, not dependents. Applicant petitioned for reconsideration, arguing dependency should be evaluated as of the date of injury and that testimony established Anthony as a total dependent and Alejandro as a partial dependent. The Appeals Board granted reconsideration and found that the WCJ failed to clearly establish the date of the cumulative trauma injury under Labor Code section 5412, which is a necessary precondition to determining dependency under section 3502 'as of the time of injury.' The Board rescinded the Findings and Order and remanded for the WCJ to determine the section 5412 injury date and then redetermine the sons' dependency based on the facts as they existed at that time.