Franco, Antonio

Antonio Franco, a construction foreman, died on January 13, 2022 from COVID-19 contracted at his workplace. The WCJ found the death industrial and that decedent's widow and three children, including stepchild Tessie Serrano, were total dependents entitled to death benefits, including additional benefits under Labor Code section 4703.5(a). Defendant sought reconsideration arguing the COVID-19 death was not industrial and that Tessie, as a non-biological stepchild, was not entitled to benefits. The Appeals Board denied reconsideration, adopting the WCJ's report and adding extensive analysis concluding that the plain meaning and liberal construction of 'child' in section 3501 includes stepchildren, especially where the decedent acted as the child's parent. The Board also affirmed the increased-risk finding for COVID-19 exposure at the closed construction site.