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PanelDismissed

Kevin Sullivan — ADJ11274331

KEVIN SULLIVAN, Applicant vs. COMCAST AND HELMSMAN MANAGEMENT SERVICES; ACE AMERICAN INSURANCE COMPANY, Defendants

ADJ number: ADJ11274331
Decision date: Aug 7, 2022
District office: Santa Rosa
WCJ: Jason E. Schaumberg
Claim administrator: Helmsman Management Services; ACE American Insurance Company
Commissioners: —

Injury / body parts: multiple body parts (motor vehicle accident resulting in death)

LC §3501LC §4703.5LC §5900LC §5902LC §5903LC §5708LC §5709LC §3202

Summary

Kevin Sullivan died from injuries sustained in a November 6, 2017 motor vehicle accident. The dispute concerned whether his adult, mentally incapacitated son Sean Sullivan was 'living with' the decedent at the time of injury, which would entitle Sean to the enhanced death benefit under Labor Code section 4703.5 as a total dependent under Labor Code section 3501(a). The WCJ found Sean was a total dependent based on credible witness testimony establishing he returned to live with his father and stepmother after being ejected from a homeless shelter on October 27, 2017, days before the fatal accident. Defendant sought reconsideration arguing the court improperly weighed conflicting evidence, while applicant sought reconsideration of a prior non-final order granting reconsideration. The Board dismissed applicant's petition as taken from a non-final order and affirmed the F&A, adopting the WCJ's report and deferring to the WCJ's credibility determinations.

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.

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.

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.