City of Los Angeles v. Workers' Compensation Appeals Board

The City of Los Angeles (City) petitioned for review of an order of the Workers’ Compensation Appeals Board (WCAB) awarding a full $125,000 death benefit to California’s Department of Industrial Relations, Death Without Dependents Unit (DWD Unit), pursuant to Labor Code section 4706.5, subdivision (a), notwithstanding the City’s payment of $104,208 in death benefits to the estate of Jaime Foster pursuant to section 4702, subdivision (a)(6)(B). Because the escheat of a death benefit to the state after partial payment to the estate of a deceased worker—in effect, the award of two death benefits for a single death—is inconsistent with the governing statutes and the legislative policy they implement, we annul the order.

FACTUAL AND PROCEDURAL BACKGROUND

Jaime Foster was employed as a firefighter by the City. While on duty on the afternoon of August 14, 2004, Foster was involved in a fatal accident.' At the time of her death Foster was 25 years old; she was not married and had no children or other dependents within the meaning of sections 3501 through 3503. Foster died intestate.

The City promptly began advancing workers’ compensation death benefits to Foster’s mother,…