Leung

This appeal and cross appeal arise from a wrongful death action brought under Labor Code section 3706. Defendant and appellant contends the trial court erred in granting respondents’ motion for a directed verdict and in applying a penalty provision of the Labor Code to the judgment. On cross-appeal, respondents contend the trial court erred in computing the amount of attorney fees and the amount of the statutory penalty.

Statement of the Case

On January 17,1989, respondents Pauline S. K. and Francis Leung filed a complaint for damages under Labor Code section 3706 for the wrongful death of Simon Leung against appellant Chinese Six Companies, doing business as Chinese Benevolent Association. The complaint alleged that Leung was killed by a firecracker explosion on the premises of appellant, his employer, during the course of his employment. In the first stage of bifurcated proceedings, the court determined that appellant did not have workers’ compensation coverage for the decedent. The issue of causation was then tried to a jury, which determined that the decedent died as a result of inhalation of smoke from the firecracker explosion. The trial court granted respondents’…