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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. ADJ6610233
Regular
Nov 18, 2014

WILLIAM WILLIAMS (Deceased) vs. STATE OF CALIFORNIA, CDCR - PLEASANT VALLEY STATE PRISON, Legally Uninsured; STATE COMPENSATION INSURANCE FUND/STATE CONTRACT SERVICES, Adjusting Agency

This case concerns a deceased correctional officer whose dependent sons were awarded death benefits. The Appeals Board denied reconsideration of its prior order requiring an offset for a CalPERS special death benefit received by the decedent's widow, deeming it consistent with precedent and statutory intent. The Board also issued a notice of intention to disallow the applicant's attorney's requested fee increase due to non-compliance with a rule regarding notice to the client of adverse interests. Compliance with this rule is required for the fee increase to be considered by the trial judge.

CalPERSspecial death benefitoffsetdeath benefitsdependent childrenattorney's feesWCAB Rule 10778adverse interestindependent counselPetiton for Reconsideration
References
Case No. ADJ9100288
Regular
May 17, 2018

GILBERT CORTEZ (Deceased), NOHEMA CORTEZ (Surviving Spouse & Guardian Ad Litem), et al. vs. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, Legally Uninsured, CALIFORNIA PUBLIC EMPLOYEES RETIREMENT SYSTEM, STATE COMPENSATION INSURANCE FUND (Claims Administrator)

The Workers' Compensation Appeals Board (WCAB) rescinded a prior decision concerning death benefits for the deceased employee's children, Andres and Marisa Cortez. The WCAB remanded the case to the administrative law judge to properly join the California Public Employees' Retirement System (CalPERS) and determine the entitlement to and coordination of workers' compensation death benefits with CalPERS special death benefits. The WCAB clarified that the "good cause" standard under *Antrim* applies and that CalPERS benefits may offset workers' compensation benefits to avoid duplicate payments. Further proceedings are required to consider the specific claims of dependency and the impact of CalPERS payments.

Workers' Compensation Appeals BoardCDCRSCIFCalPERSdeath benefitsdependent childrenspecial death benefitsoffsetAntrim standardLabor Code section 4707
References
Case No. ADJ9091836
Regular
May 09, 2018

CHRISTOPHER DOUGLAS (Deceased), AMY DOUGLAS (Surviving Spouse Guardian Ad Litem) vs. CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE PROTECTION, CALIFORNIA PUBLIC EMPLOYEES RETIREMENT SYSTEM, STATE COMPENSATION INSURANCE FUND (Claims Administrator)

This case involves a dispute over workers' compensation death benefits for the dependents of a deceased CalFIRE engineer/paramedic. The appeals board is reconsidering a prior decision that awarded benefits but ordered coordination with CalPERS special death benefits. The central issue is whether workers' compensation death benefits should be awarded to the decedent's children, considering they already receive CalPERS benefits, and how to properly coordinate these two types of benefits. The Board rescinded the prior decision and returned the case for further proceedings, emphasizing the need for proper joinder of CalPERS and a careful consideration of coordination rules.

WCABCalFIRESCIFCalPERSDeath BenefitsSpecial Death BenefitAntrimThompsonCoordination of BenefitsGuardian Ad Litem
References
Case No. ADJ9839444; ADJ8274021; ADJ8272270; ADJ8272417
Regular
Jul 20, 2017

TONY NAVARRO (Deceased), JENNIFER NAVARRO (Widow) vs. STATE OF CALIFORNIA DEPARTMENT OF CORRECTIONS, CALPERS, STATE COMPENSATION INSURANCE FUND, STATE EMPLOYEES

The Workers' Compensation Appeals Board denied reconsideration of the decision awarding death benefits to the widow of Tony Navarro. The Board gave great weight to the Administrative Law Judge's credibility determination, finding no substantial evidence to overturn it. They also noted that the opinion of one physician can constitute substantial evidence, even if it conflicts with others. The judge's finding that Mr. Navarro's prescribed medications contributed to his death was deemed persuasive and analogous to established case law.

CALPERSSCIFCorrectional SergeantCardiac arrestGastric bleedHemorrhagic gastritisVentricular fibrillationQualified Medical ExaminationCoroner's opinionSubstantial evidence
References
Case No. 100000000
Regular
Dec 09, 2011

NOEL MORTON (Deceased), CAROLYN MORTON, BRANDON MORTON, LAURA DOUGHERTY as Guardian ad Litem and Trustee for CHEYENNE MORTON, a minor vs. STATE OF CALIFORNIA, DEPARTMENT OF CORRECTIONS, Legally Uninsured, STATE COMPENSATION INSURANCE FUN STATE EMPLOYEES, CALIFORNIA PUBLIC EMPLOYEES RETIREMENT SYSTEM

The applicants seek reconsideration of a decision that set aside an earlier award of death benefits. They argue the trial judge erred in calculating the benefits due and improperly credited payments from the CalPERS "1959 Survivor Benefits program." The Appeals Board granted reconsideration, rescinded both the September 15, 2011 order and the August 18, 2011 award, and returned the case to the trial level for further proceedings.

Workers' Compensation Appeals BoardReconsiderationGuardian ad LitemTrusteeAnnual AwardFindings and AwardWCJDependency BenefitsCalPERS1959 Survivor Benefits
References
Case No. ADJ21 56157 (VNO 0518450)
Regular
Apr 11, 2016

RYAN LEE (Deceased), CYNTHIA VALENZUELA (widow) vs. STATE OF CALIFORNIA, DEPARTMENT OF CORRECTIONS AND REHABILITATIONSATF, STATE COMPENSATION INSURANCE FUND/STATE CONTRACT SERVICES

The Workers' Compensation Appeals Board granted reconsideration and rescinded the WCJ's findings regarding the deceased correctional officer's "special mission" status and the dependents. The Board confirmed the WCJ's finding that the death was industrial under Government Code section 21537 for CALPERS benefits, which the widow irrevocably elected. All other workers' compensation death benefit claims for the minor children, burial expenses, and attorney fees were properly bifurcated for future proceedings. The case was returned to the trial level for further development on these bifurcated issues.

CALPERSspecial death benefitgoing and coming rulespecial mission exceptionindustrial causationAgreed Medical ExaminerdependencybifurcationLantz v. Workers' Comp. Appeals Bd.Government Code section 21537
References
Case No. ADJ8503725
Regular
Jan 09, 2017

DAVID LEZCHUK (Deceased), MELISSA LEZCHUK, Guardian ad Litem for MADISON GRACE LEZCHUK, minor vs. CAL FIRE—DEPARTMENT OF FORESTRY AND FIRE PROTECTION, legally uninsured, administered by STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's untimely petition for reconsideration. The Board also denied the defendant's petition, upholding the finding that Madison Lezchuk, the minor dependent, is entitled to an additional death benefit of $53,000. This additional benefit is to be placed in a trust due to the applicant's spending habits and inability to manage funds, ensuring protection of Madison's future interests. The WCAB affirmed that the "good cause" exception under Labor Code section 4704 allows for such awards despite the applicant's receipt of a CALPERS Special Death Benefit.

CALPERSSpecial Death BenefitLabor Code section 4707Labor Code section 4704good causeminor dependentdeath benefitGuardian ad Litemindustrial injuryWCJ discretion
References
Case No. ADJ4212464 (EUR 0040625)
Regular
Sep 09, 2009

LEE ECCLESTON (Deceased) BARBARA ECCLESTON, JOSEPH ECCLESTON and SARAH ECCLESTON vs. STATE OF CALIFORNIA, DEPARTMENT OF CORRECTIONS, PELICAN BAY STATE PRISON

The Workers' Compensation Appeals Board granted reconsideration and rescinded the original decision, remanding the case to the WCJ. The Board found that the WCJ erred in determining that no benefits were payable to the decedent's partially dependent adult children, Joseph and Sarah Eccleston, solely because the widow elected the CalPERS Special Death Benefit. The Appeals Board clarified that Labor Code section 4704 allows for the reallocation of death benefits upon a showing of "good cause," even when section 4707 applies. The matter was returned for the WCJ to determine if good cause exists to award death benefits to the petitioning children, considering all relevant factors, including statutory support obligations.

Workers Compensation Appeals BoardSpecial Death BenefitCalPERSpartial dependentsadult studentsun-apportioned awardLabor Code section 4707Labor Code section 4704good causeDepartment of Corrections v. Workers' Comp. Appeals Bd. (Antrim)
References
Case No. ADJ1298520
Regular
Dec 24, 2010

CLUSEGUN AFOLAYAN (DECEASED), OLUWASEUN AFOLAYAN, et al vs. STATE OF CALIFORNIA CDCR, CALIFORNIA REHABILITATION CENTER, Legally Uninsured, SCIF/STATE CONTRACTS

In this workers' compensation case, the Appeals Board reconsidered a WCJ's award of dependency benefits to three adult children of a deceased worker. The WCJ had awarded $192,000 total, based on the children being total dependents despite the widow electing CalPERS benefits which typically bar other death benefits. The Board agreed that the adult children are entitled to benefits under Labor Code section 4702, as the widow's CalPERS election does not necessarily exclude other dependents with good cause. However, the Board disagreed with the WCJ's calculation method and remanded the case for a new decision, directing the adult children to divide the difference between the maximum benefit for a widow with dependents and the benefit for a widow without dependents.

Workers' Compensation Appeals BoardDependency benefitsLabor Code Section 4702Adult childrenDeath benefitsLabor Code Section 4707CalPERS special death benefitGood causeTotal dependentsWidow's benefits
References
Case No. ADJ7731222
Regular
Apr 29, 2014

J. MICHAEL DEVROOM (Deceased), PAMELA FELCHER (Widow) vs. DEPARTMENT OF CONSUMER AFFAIRS, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration, affirming the WCJ's decision except for specific amendments. The applicant's widow, Pamela Felcher, was awarded a $250,000 death benefit for her deceased husband, J. Michael Devroom, with payments commencing June 23, 2010. This award is subject to credit for CALPERS payments and attorney fees, and the deceased was found to be a safety-classified employee exempting him from certain statutory limitations. Additionally, Ms. Felcher is entitled to $2,109.02 for burial expenses, and attorney fees of $37,500 are awarded.

Workers' Compensation Appeals BoardPamela FelcherJ. Michael DevroomDepartment of Consumer AffairsState Compensation Insurance FundPetition for ReconsiderationDecision After ReconsiderationDeath BenefitCALPERS CreditLabor Code Section 4707(b)
References
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