Donovan

This is a writ petition for review from an award made in a Workers’ Compensation Appeals (board) Board order.

The facts are that on October 26, 1973, Thomas Finnerty, Jr., filed a petition claiming that from December 3, 1947, he had sustained an injury to his nervous system while working as a Deputy District Attorney for the County of Los Angeles. On January 20, 1976, an opinion and decision after reconsideration was issued. The finding supported the claim of injury and it was found that Finnerty was 100 percent disabled. During a portion of the period of injury the county was insured by State Compensation Insurance Fund. Finnerty died on November 26, 1976, following a short hospitalization caused by a suicide attempt. Petitioner, one Earl H. Donovan (petitioner), claimed to be the live-in associate and dependent of Finnerty. On July 18, 1978, the Workers’ Compensation Judge (Narvid) issued a decision finding that Donovan was not a dependent within the meaning of Labor Code section 3503.

Petitioner’s petition for reconsideration was granted. Following further hearings and the taking of medical evidence, on May 28, 1981, the appeals board issued its opinion and decision.…