Six Flags, Inc. v. Workers' Compensation Appeals Board

INTRODUCTION

Labor Code section 4702, subdivision (a)(6)(B), provides that when a worker without dependents suffers fatal injury during the course and scope of employment, the employer must pay $250,000 to the deceased worker’s estate as a workers’ compensation death benefit. In this writ proceeding, we hold that section 4702, subdivision (a)(6)(B), is unconstitutional because the constitutional enabling provision, article XIV, section 4 of the California Constitution (article XIV, section 4), does not identify estates as a class of beneficiaries entitled to workers’ compensation death benefits.

The former version of article XIV, section 4, which established the workers’ compensation system as originally implemented in 1918 identified two classes of beneficiaries of workers’ compensation benefits: (1) workers and (2) dependents.

In 1919 and 1929, the Legislature enacted legislation to include the state as a third beneficiary of workers’ compensation benefits. In both instances, the Legislature intended to establish a state fund to benefit workers in general. In Yosemite Lumber Co. v. Industrial Acci. Com. (1922) 187 Cal. 774 [ 204 P. 226 ] (Yosemite) and Commercial…