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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
Case No. ADJ8026817
Regular
Apr 22, 2013

MARIA OCHOA vs. RANGERS DIE CASTING COMPANY, COMPWEST INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a decision finding the applicant sustained injury to her respiratory system and psyche AOE/COE. The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr. Lipper and Dr. Curtis lacked substantiality. Specifically, the physicians failed to provide clear diagnoses, quantify exposures, or adequately explain causation. The Board noted contradictory testimony from the applicant's supervisor and insufficient evidence to support the initial findings.

Workers' Compensation Appeals BoardMaria OchoaRangers Die Casting CompanyCOMPWEST INSURANCE COMPANYADJ8026817Los Angeles District OfficeOpinion and Order Granting ReconsiderationDecision After ReconsiderationFindings of FactWorkers' Compensation Administrative Law Judge (WCJ)
References
Case No. ADJ1940516 (GOL 0101910)
Regular
Apr 29, 2011

TONY COSTANTINO (Deceased), ELLIE COSTANTINO (Widow), CIERA MILLENDER (Dependent) vs. SANTA BARBARA SCHOOL DISTRICT

This case concerns whether a stepdaughter is entitled to the conclusive presumption of total dependency for workers' compensation death benefits under Labor Code section 3501. The Workers' Compensation Appeals Board (WCAB) rescinded the prior award, holding that the conclusive presumption does not apply to stepchildren absent legal adoption. The Board found insufficient evidence regarding the stepdaughter's actual dependency and returned the matter for further proceedings to develop the record on this issue. The WCAB clarified that while stepchildren can be dependents, the specific statutory presumption of total dependency is limited to "children" under the law.

Workers' Compensation Appeals BoardIndustrial InjuryDeath BenefitsDependencyLabor Code Section 3501Conclusive PresumptionStepchildPartial DependentReconsiderationWCJ
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. ADJ3252798 (ANA 0407298)
Regular
Nov 02, 2011

CATALINO DIAZ (Deceased), RUBERTA DIAZ (Widow), MARGARET NATASHA DIAZ vs. PEOPLE'S CARE INC., STATE COMPENSATION INSURANCE FUND

This case concerns Ruberta Diaz's claim for death benefits as the widow of Catalino Diaz, who sustained a fatal industrial injury. The initial decision awarded benefits to their minor child but denied Ruberta’s claim, finding she failed to prove dependency. Ruberta contends she is a total dependent and that the judge erred in not addressing this, or alternatively, in finding no partial dependency. The Appeals Board granted reconsideration, deferred the issue of Ruberta's dependency, and returned the case to the trial level for further evidence and decision, while affirming the award to the minor child.

DependencyDeath BenefitWidow's ClaimMinor ChildPartial DependencyTotal DependencyPetition for ReconsiderationFindings and AwardWCJEvidence
References
Case No. ADJ8545296
Regular
Sep 02, 2014

CURTIS ZAHOUREK (Deceased), DAWN STREETER vs. THREE PHASE LINE CONSTRUCTION, ACE AMERICAN INSURANCE

The Workers' Compensation Appeals Board granted reconsideration of a prior award, rescinding the decision. The original award found the applicant, Dawn Streeter, to be a total dependent of the deceased worker, Curtis Zahourek, and granted death benefits. The defendant sought reconsideration, arguing Ms. Streeter was only a partial dependent due to her own income. The Board agreed that further proceedings are necessary to determine the extent of Ms. Streeter's dependency. This will involve developing evidence on the timing and impact of her hairdresser income.

DependencyTotal DependentPartial DependentIndustrial InjuryDeath BenefitLabor Code Section 3502Labor Code Section 3503Labor Code Section 4702WCJPetition for Reconsideration
References
Case No. ADJ4560437 (STK 0198536)
Regular
Oct 28, 2009

GONZALO FLORES-HERNANDEZ (dec.) MARIA ANTONIA HERNANDEZ-LOPEZ, ET AL. vs. A.G. WEST \& STATE COMPENSATION INSURANCE FUND

The WCJ found the deceased sustained industrial injury causing his death while employed as a farm laborer. Applicants sought reconsideration, arguing errors in dependency finding and death benefit calculation. Reconsideration was denied.

Gonzalo Flores-HernandezMaria Antonia Hernandez-Lopezdeath benefitpartial dependentstotal dependencyaugmented death benefitminor dependentslifetime earning capacitydependencyLabor Code section 4702(a)(4)(A)
References
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
Case No. ADJ7365717
Regular
Oct 18, 2012

JAMES VAN DELL (Deceased), LORILENE VAN DELL (Dependent) vs. COUNTY OF LOS ANGELES

This case involves a widow's claim for death benefits after her firefighter husband died from prostate cancer. The defendant, County of Los Angeles, unreasonably delayed payment by requesting tax returns that were partially blacked out by the IRS, despite the widow's attorney providing explanations and other evidence of dependency. The Appeals Board rescinded the prior order finding no unreasonable delay, determined that a penalty is warranted due to the defendant's unreasonable refusal to provide benefits. The matter is returned to the WCJ to determine the amount of the penalty based on established legal factors.

Workers Compensation Appeals BoardDeath BenefitsPenaltiesLabor Code Section 3501Labor Code Section 5814DependencyTotal DependentPartial DependentUnreasonable DelayReconsideration
References
Case No. ADJ2047537 (MON 0251944)
Regular
Oct 05, 2009

HECTOR E. HERNANDEZ (Deceased), GEANA HERNANDEZ (Widow) vs. CITY OF LOS ANGELES

The WCAB affirms Jacqueline Hernandez as a total dependent, entitled to a $125,000 death benefit, amending the date of injury and reducing other benefits to comply with Labor Code section 4702(a)(2).

Cumulative TraumaDate of InjuryDependencyDeath BenefitTotal DependentPartial DependentLabor Code Section 3501Labor Code Section 4702Labor Code Section 4703.5Neurofibromatosis
References
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