Department of the California Highway Patrol v. Workers' Compensation Appeals Board

In aworkers’ compensation proceeding, the workers’ compensation judge (WCJ) ruled that dependency, pursuant to Labor Code sections 3501 and 3502, could be determined as of “the date of last industrial exposure,” rather than “the date of injury” set forth in Labor Code section 5412. This ruling meant that dependency status could be determined so as to entitle adult, nondependent children of a deceased worker to a death benefit primarily provided by Labor Code section 4701 for dependent spouse, dependent children and disabled dependent adults. The ruling was upheld by the Workers’ Compensation Appeals Board (Board).

This court issued a writ of review. We have concluded that the WCJ and the Board erred, and remand for further proceedings consistent with the views expressed in this opinion.

Factual and Procedural History

The deceased employee was Ray Sills, bom June 11, 1929. He had been employed for 25 years as a traffic officer, from September 1954, until his retirement on September 9, 1979, by defendant Department of the California Highway Patrol, insured by the State Compensation Insurance Fund (SCIF).

There is no evidence that decedent Sills was symptomatic while…