Mendoza

Esther Villa de Mendoza individually and as guardian ad litem of her five living children, seeks review of a decision and order of the Workers’ Compensation Appeals Board (Board) with regard to the claims presented as a result of the death of three children, brother and sisters of the minor applicants. The claim for the death of her husband killed at the same time is not a part of this review.

On May 22, 1975, Mrs. Mendoza was awarded a death benefit for the death of her husband. At the same time the Board found her five surviving children to be partially dependent on the income of their deceased brother and sisters and were awarded $728 for each death, or a total of $2,184. Upon reconsideration, the Board affirmed the total award to the wife. It also affirmed the partial dependency status of the surviving children, but fixed the amount granted for the death of each working child at $4,363.68 (or a $13,091.04 total award to be distributed among the partial dependents). It is this award that provides the subject of this review.

Three of the nine Mendoza children and their father were killed in a common industrial accident on January 15, 1974, when the bus operated by…