CompFox AI Summary
The Workers' Compensation Appeals Board denied the estate's petition to receive a death benefit, adhering to precedent that Labor Code section 4702(a)(6)(B) is unconstitutional. However, the Board granted the employer's petition to amend the award to reflect the requirement of commuting and adjusting the $125,000.00 payment to the Department of Industrial Relations, Death Without Dependents Unit, at a 3% annual interest rate as mandated by Labor Code section 5101. The employer is thus required to pay this adjusted sum to the Department as the deceased had no dependents.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board denied the estate's petition to receive a death benefit, adhering to precedent that Labor Code section 4702(a)(6)(B) is unconstitutional. However, the Board granted the employer's petition to amend the award to reflect the requirement of commuting and adjusting the $125,000.00 payment to the Department of Industrial Relations, Death Without Dependents Unit, at a 3% annual interest rate as mandated by Labor Code section 5101. The employer is thus required to pay this adjusted sum to the Department as the deceased had no dependents.
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