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Case No. ADJ2309587 (RDG 0123822)

Regular

Dec 17, 2008

WALTER LEO SYKES, JR. (Deceased) KATHLEEN S. MAGUIRE, As Personal Representative vs. LEWISTON COMMUNITY SERVICES DISTRICT, Permissibly Self-Insured, Administered by ATHENS ADMINISTRATORS

This case concerns the employer's obligation to pay a death benefit to the Death Without Dependents (DWD) unit after an employee died without dependents. The employer had previously paid benefits to the deceased employee's estate under a now-unconstitutional statute, and sought credit for those payments against the DWD award. The Board affirmed the $125,000 death benefit award to the DWD unit, disallowing any credit for payments made to the estate, and deferred the issue of the estate's liability to the employer.

Death Without Dependents UnitLewiston Community Services DistrictWalter Leo Sykes Jr.Kathleen S. MaguireAthens AdministratorsLabor Code section 4706.5(h)Labor Code section 4702(a)(6)Six Flags Inc. v. Workers' Comp. Appeals Bd. (Rackchamroon)unconstitutional statuterestitution

References

Case No. LAO 0852444, VNO 0517617

Regular

Jun 10, 2008

Gloria Foster, DEATH WITHOUT DEPENDENTS UNIT vs. CITY OF LOS ANGELES FIRE DEPARTMENT, CAMBRIDGE INTEGRATED SERVICES

The Workers' Compensation Appeals Board granted the Death Without Dependents Unit's (DWD) petition for reconsideration, reversing a prior order that allowed the City of Los Angeles Fire Department credit for payments made to a deceased firefighter's heir. The Board ruled that the employer had no authority to take credit for payments made under an unconstitutional statute against the $125,000 death benefit owed to DWD. Therefore, the defendant is ordered to pay the full $125,000 to DWD.

Death Without Dependents UnitDWDLabor Code Section 4706.5Labor Code Section 4702(a)(6)(B)industrial injurydeath benefitcredit for paymentsunconstitutional statutelegislative intentestate of deceased employee

References

Case No. ADJ8822343

Regular

Aug 29, 2019

MARY LEON (Deceased) vs. DSS (IN HOME SUPPORT COUNTY OF LA), MEALS ON WHEELS

This case concerns a death benefit claim following the industrial death of Maria Leon. The applicant, the Death Without Dependents unit (DWD), sought to recover death benefits arguing the decedent left no dependents. However, the Board found substantial evidence that the decedent's sons, Juan Manuel Vasquez and Julian Vasquez, were partial dependents, thus DWD failed to meet its burden of proof. Consequently, DWD's claim for death benefits was denied, and the Board amended the original findings to reflect this outcome.

Death benefitsDWDdependentsstatutory death benefitpartial dependencycivil recovery creditstatute of limitationsburden of proofLabor Code section 4706.5employer liability

References

Case No. ADJ819895 (LAO 0852444) ADJ640798 (VNO 0517617)

Regular

Apr 08, 2010

JAMIE LEE FOSTER (deceased), GLORIA FOSTER vs. CITY OF LOS ANGELES FIRE DEPARTMENT, CAMBRIDGE INTEGRATED SERVICES

This case involved a deceased firefighter whose estate received partial death benefits under an unconstitutional statute. The Court of Appeal ruled that because the employer had already paid the estate, no further payment was owed to the Death Without Dependents (DWD) Unit. Consequently, the Workers' Compensation Appeals Board (WCAB) amended its prior order to deny the DWD Unit's claim. The Supreme Court declined review, making the appellate court's decision final.

Workers' Compensation Appeals BoardDeath Without Dependents UnitCity of Los Angeles Fire DepartmentJamie Lee FosterGloria FosterremittiturLabor Code section 4702(a)(6)(B)unconstitutionalestate of deceased employeeDWD Unit

References

Case No. ADJ4687711 (ANA 0381886) ADJ276364 (AHM 0142454)

Regular

Jan 21, 2010

## JOSE BERROSPE (DECEASED) vs. NIGHT SWEEPS, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) dismissed the State Compensation Insurance Fund's (SCIF) Petition for Removal. SCIF sought to avoid producing certain documents related to the deceased worker's dependents to the Death Without Dependents (DWD) Unit, despite stating they would produce documents mentioning DWD to the judge for in-camera review. The petition was dismissed because it was unverified, violating WCAB Rule 10843(b). Furthermore, the WCAB found no merit to the petition, as SCIF indicated compliance with the judge's order and thus was not aggrieved. The WCAB also noted SCIF's petition lacked reasonable justification and could be subject to sanctions.

WORKERS' COMPENSATION APPEALS BOARDPetition for RemovalUnverified PetitionWCJ OrderDocumentary EvidenceDeath Without Dependents UnitIn Camera ReviewPrivileged DocumentsWork ProductSanctions

References

Case No. ADJ 819895 [LAO 0852444]

Regular

Sep 02, 2008

GLORIA FOSTER, DEATH WITHOUT DEPENDENTS UNIT vs. CITY OF LOS ANGELES FIRE DEPARTMENT, CAMBRIDGE INTEGRATED SERVICES

The Board denied defendant's petition for reconsideration of the June 10, 2008 Opinion and Order, affirming the decision that the defendant must pay the full death benefit to DWD despite payments made to the deceased's heir under a later-invalidated statute.

Workers Compensation Appeals BoardDeath Without Dependents UnitLabor Code section 4706.5Labor Code section 4702(a)(6)(B)unconstitutional statutecredit against death benefitdouble recoveryemployer liabilityheir paymentsestate death benefit

References

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WALTER LEO SYKES, JR. (Deceased) KATHLEEN S. MAGUIRE, As Personal Representative vs. LEWISTON COMMUNITY SERVICES DISTRICT, Permissibly Self-Insured, Administered by ATHENS ADMINISTRATORS

Gloria Foster, DEATH WITHOUT DEPENDENTS UNIT vs. CITY OF LOS ANGELES FIRE DEPARTMENT, CAMBRIDGE INTEGRATED SERVICES

MARY LEON (Deceased) vs. DSS (IN HOME SUPPORT COUNTY OF LA), MEALS ON WHEELS

Death benefitsDWDdependentsstatutory death benefitpartial dependencycivil recovery creditstatute of limitationsburden of proofLabor Code section 4706.5employer liability

JAMIE LEE FOSTER (deceased), GLORIA FOSTER vs. CITY OF LOS ANGELES FIRE DEPARTMENT, CAMBRIDGE INTEGRATED SERVICES

## JOSE BERROSPE (DECEASED) vs. NIGHT SWEEPS, STATE COMPENSATION INSURANCE FUND

WORKERS' COMPENSATION APPEALS BOARDPetition for RemovalUnverified PetitionWCJ OrderDocumentary EvidenceDeath Without Dependents UnitIn Camera ReviewPrivileged DocumentsWork ProductSanctions

GLORIA FOSTER, DEATH WITHOUT DEPENDENTS UNIT vs. CITY OF LOS ANGELES FIRE DEPARTMENT, CAMBRIDGE INTEGRATED SERVICES