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State Compensation Insurance Fund v. Workers’ Compensation Appeal Board (Asher)

California Court of Appeal
24 Cal. Rptr. 2d 67, 19 Cal. App. 4th 1645 (1993)

Written by Serena Lipski, JD

Facts

Albert Asher was killed while at work. His widow, Connie Asher, filed a claim for workers’-compensation death benefits. Connie and Albert were raising their grandson, Justin Bernal, from the time he was born, which was a few months before Albert’s death. Accordingly, a claim for workers’-compensation death benefits was also filed on behalf of Justin. In addition to the regular death benefits provided by § 4702 of the California Labor Code, Justin sought a special death benefit under § 4703. Section 4701 of the California Labor Code required an employer to pay a death benefit to an employee’s dependents. Section 4702 set forth the amounts of different death benefits, which differed based on status and type of dependency. Section 4703.5 provided for a special death benefit for “one or more totally dependent minor children” in addition to the benefit in § 4702. The Workers’ Compensation Appeal Board (defendant) determined that the special death benefit applied to a dependent minor grandchild and awarded Justin the special death benefit. The State Compensation Insurance Fund (the fund) (plaintiff) filed a petition for review, arguing that § 4703.5 contained a twofold requirement for dependency: that the dependent be a totally dependent minor and a child of the employee.

Rule of Law

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Holding and Reasoning (Puglia, J.)

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