Eli

By the instant action the parties sought a declaration determining how a limited recovery from a third-party tortfeasor who caused another’s death should be divided between (1) the victim’s nondependent heirs who were damaged by his death, and (2) a workers’ compensation insurance carrier who had paid monies to the State of California by reason of that death. This apparently constituted a question of first impression. The trial court ruled that the carrier’s claim was entitled to first and full priority. This appeal followed.

With one exception the underlying facts are'acknowledged. On January 13, 1982, Douglas Eli, the unmarried son of appellants Perry and Lois Eli, died in an automobile accident while working in the course and scope of his employment. Respondent Travelers Indemnity Company, the workers’ compensation insurance carrier for Douglas’s employer, paid the statutory maximum of $1,500 toward his funeral and burial expenses. Further, since Douglas had no “dependents” at the time of his death (Lab. Code, §§ 3501-3503, 4700-4709), respondent was required to pay approximately $45,000 to the State Department of Industrial Relations pursuant to Labor Code section…