CompFox Logo
AboutWorkflowFeaturesPricingCase LawInsights

Updated Daily

Case Law Database

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

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. ADJ4464746 (SAC 0358795)
Regular
Oct 07, 2014

ANDREW THOMPSON (Deceased), EDITH THOMPSON (Spouse) vs. HUHTAMAKI AMERICAS, INC., ACE AMERICAN INSURANCE CO.

This case concerns a workers' compensation death benefit claim filed by Edith Thompson, widow of Andrew Thompson, who died from asbestos exposure. The defendant sought reconsideration of a prior ruling that her claim was not time-barred. The Board rescinded the prior decision, finding that Labor Code section 5406.5 requires death benefit claims for asbestos-related deaths to be filed within one year of the date of death. Edith Thompson's application, filed over a year after her husband's death, was therefore dismissed as untimely.

Workers' Compensation Appeals BoardAndrew ThompsonEdith ThompsonHuhtamaki AmericasInc.ACE American Insurance Co.toxic exposureasbestoscumulative traumadeath benefits
References
Case No. ADJ1091802 (SBR 0342159)
Regular
Nov 09, 2010

GEORGE QUINN, JR., et al vs. VISTAR MANAGEMENT, ZURICH AMERICAN, administered by GALLAGHER BASSETT SERVICES, INCORPORATED

This case involved a deceased worker whose family sought death benefits, claiming partial dependency. The Workers' Compensation Appeals Board denied reconsideration of the prior award, which found no dependents and allocated the benefit to the state. The majority ruled that the decedent's financial contributions and household chores did not exceed the cost of his own living expenses or constitute support. However, one commissioner dissented, arguing for remand to determine if the decedent's personal care for his grandmother constituted extraordinary services qualifying as support.

Death benefitdependentspartial dependencycommunity livingfamily potcontributionsstandard of livingsupport paymentsadult childDeceased 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. 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
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
Case No. SFO 495568
Regular
Nov 26, 2007

State OF PAUL MARINO vs. ROSSI COMMERCIAL CONSTRUCTION, REDWOOD FIRE AND CASUALTY

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.

Workers' Compensation Appeals BoardEstate of Paul MarinoRossi Commercial ConstructionRedwood Fire and Casualtydeath benefitLabor Code section 4702Labor Code section 5101Six Flags v. Workers' Comp. Appeals Bd. (Bunyanunda)City and County of San Francisco v. Workers' Comp. Appeals Bd. (Weibe)Death Without Dependents Unit
References
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
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. 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
Showing 1-10 of 359 results

Ready to streamline your practice?

Apply these legal strategies instantly. CompFox helps you find decisions, analyze reports, and draft pleadings in minutes.

CompFox Logo

The AI standard for workers' compensation professionals. Faster research, deeper analysis, better outcomes.

Product

  • Platform
  • Workflow
  • Features
  • Pricing

Solutions

  • Defense Firms
  • Applicants' Attorneys
  • Insurance carriers
  • Medical Providers

Company

  • About
  • Insights
  • Case Law

Legal

  • Privacy
  • Terms
  • Trust
  • Cookies
  • Subscription

© 2026 CompFox Inc. All rights reserved.

Systems Operational