Coltherd

Introduction

Elsie Coltherd (petitioner), the widow of employee Brian Coltherd, has petitioned this court to review a decision and order of the Workers’ Compensation Appeals Board (WCAB) granting claimant and respondent St. Paul Fire and Marine Insurance Company’s (St. Paul’s) application for a $10,000 lien on the workers’ compensation death benefits of $95,000 awarded to petitioner and her children.

Facts

Brian and Elsie Coltherd apparently purchased a combined homeowners and automobile liability policy from St. Paul. The policy allegedly contained uninsured motorist benefits as required by Insurance Code section 11580.2, subdivision (a)(1), with a maximum benefit of $100,000. The policy allegedly contained language that the uninsured motorist benefits would be adjusted or reduced in an amount equal to workers’ compensation benefits received by either Brian or Elsie.

Brian, who was employed by Lantana as a heating and air conditioning technician, was killed in an automobile accident while in the course and scope of his employment.

Petitioner filed a civil action against the driver of the other automobile, as required by section 11580.2, subdivision (i)(l) in order…