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Case Law Database

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

Case No. ADJ9440770 ADJ8897603
Regular
Nov 02, 2016

LEE WOOLEVER (Deceased); PENNY WOOLEVER; DEPARTMENT OF INDUSTRIAL RELATIONS DEATH WITHOUT DEPENDENTS UNIT vs. CITY OF LONG BEACH

This case concerns a claim for workers' compensation death benefits by Penny Woolever, the ex-wife of deceased employee Lee Woolever. Ms. Woolever argued she was a total dependent despite their divorce due to ongoing financial support and a close relationship. The Workers' Compensation Appeals Board affirmed the finding that she was not a dependent, as their divorce was final and they never resumed cohabitation. The Board distinguished this case from precedent allowing dependency claims based on reconciliation. Consequently, the death benefit was awarded to the Department of Industrial Relations, Death Without Dependents Unit.

Esophageal cancerDeath benefitsDependency claimLabor Code section 3502Reconciliation of marriageSpousal supportTotal dependentDivorce decreeWCJ ReportLloyd Corporation
References
5
Case No. ADJ3872772 (VNO 0546594) ADJ310152 (MON 0351415)
Regular
Nov 05, 2015

HIRAN EDIRIWEERA (Deceased); DEPARTMENT OF INDUSTRIAL RELATIONS, DEATH WITHOUT DEPENDENTS UNIT vs. SRR, LLC; STATE COMPENSATION INSURANCE FUND

Petitioners, alleged partial dependents of a deceased worker, sought to overturn a 2007 Compromise and Release agreement where the insurer paid death benefits to the State's Death Without Dependents Unit, asserting they received no notice. The Board dismissed their petition for reconsideration of the 2007 order due to untimeliness and failure to meet reopening criteria. However, the Board removed the separate, pending death benefit claim (ADJ3872772) to address the petitioners' potential claims for partial dependency, acknowledging prior notification of their existence to the insurer.

Partial dependentsDeath benefitsCompromise and Release AgreementPetition for ReconsiderationOrder Approving Compromise and ReleaseReopeningTimelinessNoticeOpportunity to objectIndustrial injury
References
0
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
2
Case No. ADJ3197408 (FRE 0226208)
Regular
Nov 21, 2011

Guadalupe Ayon (Deceased); Irena Ayon, Miguel Ayon, Erica Ayon, Department of Industrial Relations, Death Without Dependents Unit vs. Cal Grain and Hay; Zenith Insurance Company

The Workers' Compensation Appeals Board denied reconsideration for both the applicants and the defendant. The Board upheld the finding that the mother and sister were not dependents of the deceased worker, as they failed to prove a net financial benefit was provided to the household. Their argument for estate benefits under an unconstitutional statute was also rejected, with the Board noting that judicial decisions invalidating statutes apply retroactively. Consequently, the employer remains obligated to pay $125,000 to the Department of Industrial Relations for death without dependents.

Workers' Compensation Appeals BoardDependent death benefitLabor Code section 4706.5(a)Fatal injuryDependencyPartial dependentFinancial dependencyNet financial benefitEstate benefitsUnconstitutional statute
References
7
Case No. ADJ9803664
Regular
Dec 04, 2015

JUAN GONZALEZ (Deceased), DEPARTMENT OF INDUSTRIAL RELATIONS, DEATH WITHOUT DEPENDENTS UNIT vs. CALIFORNIA HIGHWAY PATROL DISABILITY & RETIREMENT, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) granted removal and rescinded a judge's order that stayed proceedings pending the outcome of a probate case. The WCAB determined that probate court findings have limited relevance to determining workers' compensation death benefits and that the WCAB has sole jurisdiction over dependency issues. By staying the proceedings, the judge's order caused significant prejudice to the defendant, SCIF, by hindering discovery and resolution of a potential partial dependency claim. The matter was reset for further proceedings, with parties urged to attempt informal settlement.

Death benefitsDependencyWorkers' Compensation Appeals BoardPetition for RemovalMandatory Settlement ConferenceProbate proceedingsLabor CodeCalifornia Highway PatrolState Compensation Insurance FundDeath Without Dependents Unit
References
1
Case No. ADJ7472371
Regular
Oct 19, 2016

GOLDEN DAVE DUBOISE (Deceased); DEPARTMENT OF INDUSTRIAL RELATIONS DEATH WITHOUT DEPENDENTS UNIT; PAMELA MEGAN DUBOISE, vs. BLACK ROAD AUTO & TOW; STATE COMPENSATION INSURANCE FUND,

The Workers' Compensation Appeals Board denied the Department of Industrial Relations' petition for reconsideration. The Board affirmed the finding that Pamela Duboise was a partial dependent of the deceased employee, Golden Dave Duboise. This determination was based on evidence of past child support payments and cash gifts, establishing reliance for her maintenance. The Board distinguished this case from precedents where dependency was based solely on legal obligation without actual contributions.

Death Without Dependents UnitPamela Megan Duboisepartial dependentdeath benefitschild supportarrearageDivorce DecreeArkansas state courtWCJPetition for Reconsideration
References
4
Case No. MISSING
Regular Panel Decision

Strehle v. United States

Seaman Richard Frances Meyer died on a United States Navy vessel due to entrapment in ropes from a malfunctioning winch. His administratrix, Loretta Strehle, sued the United States under the Public Vessels Act, Jones Act, and Death on the High Seas Act, alleging negligence and unseaworthiness. The court found the United States liable, citing the uncorrected defects in the winches and their "deadman" safety feature. The court rejected the claim of Meyer's contributory negligence. Plaintiff was awarded $28,600 for loss of income to Meyer’s dependents (his four sisters) and $50,000 for Meyer's pain and suffering prior to death, totaling $78,600.

Admiralty LawJones ActDeath on the High Seas ActPublic Vessels ActMaritime NegligenceVessel UnseaworthinessWrongful DeathPain and SufferingLoss of SupportComparative Negligence
References
13
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
1
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
0
Case No. FRE 0242404
Regular
Jul 01, 2008

Richard Helmuth vs. Choolijian and Sons, Inc., Employers Direct Insurance Company

The Workers' Compensation Appeals Board denied reconsideration, affirming a prior finding that Jacob Helmuth was not a partial dependent of the decedent Richard Helmuth at the time of his death. Dependency is determined by actual contributions at the time of injury, and past loans or gifts, even if substantial, do not establish current dependency. Therefore, the entire death benefit is owed to the Death Without Dependents Unit, not to the decedent's brother.

Workers' Compensation Appeals BoardDeath BenefitPartial DependentTotal DependentDate of InjuryHeat StrokeRetirement BenefitsHome LoanActual ContributionsSupport
References
3
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