Home/Case Law/MICHAEL MICHAELSON (Deceased) vs. JF SHEA, AIG CLAIMS
Regular DecisionReconsideration

MICHAEL MICHAELSON (Deceased) vs. JF SHEA, AIG CLAIMS

Filed: Apr 08, 2015
Long Beach
ADJ6951586

CompFox AI Summary

The Workers' Compensation Appeals Board denied reconsideration of an order regarding a deceased worker's settlement. The Petitioner, Riverside County Department of Child Support Services, sought to satisfy a child support lien from the settlement allocated to dependents. The Board adopted the WCJ's reasoning that Labor Code §4700 dictates that only accrued and unpaid compensation is payable to dependents, and a child support lien under Labor Code §4903(e) attaches only to such benefits. As there were no accrued benefits owed to the deceased applicant, the child support lien could not be satisfied from the death benefit settlement.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board denied reconsideration of an order regarding a deceased worker's settlement. The Petitioner, Riverside County Department of Child Support Services, sought to satisfy a child support lien from the settlement allocated to dependents. The Board adopted the WCJ's reasoning that Labor Code §4700 dictates that only accrued and unpaid compensation is payable to dependents, and a child support lien under Labor Code §4903(e) attaches only to such benefits. As there were no accrued benefits owed to the deceased applicant, the child support lien could not be satisfied from the death benefit settlement.

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MICHAEL MICHAELSON (Deceased) vs. JF SHEA, AIG CLAIMS (2015) – Long Beach | CompFox