Scott Eskra (Dec) — ADJ17262790

Scott Eskra was killed on March 7, 2018 when struck by a falling tree while employed by AF Builders, Inc. His biological daughter Ariana Eskra, his widow Brandy Eskra, Brandy's minor daughter Jovie Fischer, and Brandy's adult son Austin Evenson all claimed death benefits. The WCJ found Brandy a presumptive total dependent under section 3501(b), and found Jovie and Austin partial dependents. Ariana sought reconsideration challenging Brandy's total dependency and prior evidentiary rulings (exclusion of a premarital agreement and admission of six exhibits including the 2017 tax return); Brandy/Jovie/Austin sought reconsideration arguing Jovie was a total dependent. The Board denied Ariana's petition and granted Brandy's petition, amending the decision to find Jovie a presumptive total dependent under section 3501(a) as a stepchild living with the decedent at the time of injury. Commissioner Razo dissented, agreeing with the WCJ that Jovie was only a partial dependent.