City & County of San Francisco v. Workmen's Compensation Appeals Board

In this proceeding we issued a writ of review to inquire into and determine the lawfulness of respondent-board’s order denying petitioner’s petition for reconsideration. The issues are whether the board may lawfully award burial expenses directly to a third party who has paid burial expenses for a deceased employee whose death was industrially incurred and whether petitioner is entitled to a credit for such award under the provisions of the San Francisco City Charter.

The subject burial expenses, in excess of $1,000, were paid by Naoma Cyr, the deceased employee’s mother-in-law, who was joined in these proceedings as a party applicant. An award in the sum of $ 1,000 was made by respondent board in favor of Mrs. Cyr for such expenses.

Petitioner contends that Mrs. Cyr was only entitled to a lien against the compensation payable to the widow and that to award the burial expenses to Mrs. Cyr directly was an incorrect application of the Labor Code. The pertinent Labor Code sections are 4701 and 4903. Section 4701, in pertinent part, provides that “Where an injury causes death, ... the employer shall be liable, in addition to any other benefits .... (a) Reasonable expenses…