State Compensation Insurance Fund v. Workers' Compensation Appeals Board

Good Law
19 Cal. App. 4th 1645·1993 Cal. App. LEXIS 1107·24 Cal. Rptr. 2d 67·93 Daily Journal DAR 14025·58 Cal. Comp. Cases 760
Court of Appeal of CaliforniaNovember 4, 1993No. C015111California1,881 words

Opinion

Lead Opinion

Puglia, J.

Labor Code section 4703.5 obligates an employer to pay a special death benefit to the “totally dependent minor children” of an employee who dies as the result of a work-related injury. In this petition for writ of review, we affirm the Workers’ Compensation Appeals Board’s (Board’s) interpretation of section 4703.5 as extending this special death benefit to a totally dependent minor grandchild.

I

Albert Asher (decedent) was electrocuted during the course of his employment on August 9, 1990. Decedent and his widow, respondent Connie Asher (widow), cared for and provided a home and total financial support for their grandson, respondent Justin Anthony Bernal (Justin), from the moment of *1647 Justin’s birth on March 20, 1990. Since decedent’s death, widow has provided sole support for her grandson. State Compensation Insurance Fund (petitioner) concedes Justin was a minor totally dependent upon decedent at the time of decedent’s death.

On December 13, 1990, widow and Justin filed an application for adjudication of claim, seeking death and other benefits. On July 20, 1992, a workers’ compensation judge (WCJ) approved the parties’ compromise and release, in which, inter…

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