Mozart Lozano (Dec'd) — ADJ13462778

The deceased employee, Mozart Lozano, worked for the California Department of Corrections and Rehabilitation/Central California Women's Facility and died on July 4, 2020. His widow and two minor children were found to be presumed total dependents; the widow elected to receive the CalPERS Special Death Benefit in lieu of workers' compensation death benefits, while the two minor children were awarded $290,000 in workers' compensation death benefits. The WCJ found good cause and financial hardship (inability to afford college for the two children) based on the widow's unrefuted testimony. Defendant sought reconsideration to reopen discovery and introduce evidence (pay stubs, tax records, CalPERS benefit details) it had failed to present at trial, and to reduce the children's award. The WCAB adopted the WCJ's report and denied reconsideration, holding defendant could not relitigate after declining to introduce any evidence at trial.