Roberto Perez Velasquez — ADJ11303705

Decedent Roberto Perez Velasquez, a janitor, died from a workplace fall on March 6, 2017. AmTrust (administering Security National) paid $250,000 to the Death Without Dependents Unit (DWD) believing there were no dependents, but the WCJ subsequently found that Leslie Perez, decedent's minor child, was a presumed dependent and ordered DWD to reimburse AmTrust. After DWD delayed reimbursement and failed to appear at two status conferences, the WCJ awarded the dependent interest of $11,369.86 under section 5800 and attorney's fees under section 5813. The Board granted DWD's petition for reconsideration, rescinding the interest award because section 4706.5(g) reimbursement runs only to the employer/carrier and not to the dependent, so section 5800 interest does not apply. The Board upheld the entitlement to attorney's fees for time spent preparing for and attending the July 15, 2020 status conference based on counsel's unjustified failures to appear, but deferred the amount and remanded.