Hisel

Hisel v. County of Los Angeles

Good Law
193 Cal. App. 3d 969·1987 Cal. App. LEXIS 1957·238 Cal. Rptr. 678·52 Cal. Comp. Cases 325
Court of Appeal of CaliforniaJuly 23, 1987B024069California4,495 words

Opinion

Opinion

Epstein, J.

This appeal raises a single issue, one of first impression: whether the Workers’ Compensation Act (Act), as amended in 1982, continues to bar civil actions by nondependent heirs against the employer of a decedent who was killed in the course and scope of employment. We conclude that it does, and affirm the trial court’s judgment.

Factual and Procedural Background

The decedent, Jerald Hisel, was employed as a firefighter specialist by respondent, County of Los Angeles. He suffered a fatal accident on December 14, 1983, while assisting a crew of prisoners in placing a culvert on a road. It is conceded that his death occurred in the course and scope of his employment with respondent.

His widow and four adult children, the appellants, brought an action against respondent for wrongful death. (Code Civ. Proc., § 377.) Respondent asserted the exclusive-remedy bar of the Act (Lab. Code, §§ 3600, 3602) as a defense, and brought a motion for summary judgment. The foregoing facts were established without dispute in that motion. Appellants filed declarations to the effect that each was self-supporting and therefore not dependent on the decedent, and argued that insofar as actions…

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