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Case Law Database

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

Case No. MISSING
Regular Panel Decision
Sep 14, 1998

Claim of Ellis v. Cyclone Coasters Inc.

This case involves an appeal from a Workers' Compensation Board decision concerning a claimant's entitlement to death benefits after her son's work-related death. The Board initially established claimant's dependency but requested further documentation. After reviewing the submitted evidence, including income and expense statements, the Board concluded that the claimant was indeed dependent on her son. The employer appealed this finding, arguing discrepancies in the claimant's financial disclosures. However, the appellate court found that despite minor inconsistencies, the record provided a rational basis for the Board's conclusion of dependency, and therefore, affirmed the Board's decision.

Workers' CompensationDeath BenefitsDependencySubstantial EvidenceFactual FindingAppellate ReviewFinancial DisclosureIncome and ExpensesFamily SupportBoard Decision
References
2
Case No. ADJ2706793 [SFO 0468588]
Regular
Nov 16, 2009

GUADALUPE RAMIREZ (DECEASED); and KATHRYN YOLKEN (Guardian ad Litem for minor dependents), JUAN JENOVEBO GARCIA (DECEASED); and KATHRYN YOLKEN (Guardian ad Litem for minor dependents), RAFAEL TAPIA, JR., minor; and KATHRYN YOLKEN (Guardian ad Litem), ROLANDO TAPIA (DECEASED); and KATHRYN YOLKEN (Guardian ad Litem for dependent minors) vs. ARGUS NEWSPAPER/ANG NEWSPAPERS; and LIBERTY MUTUAL INSURANCE COMPANY

The WCAB rescinds its July 1, 2008 Findings of Fact and Order, and returns the case to the trial level for review and potential approval of the parties' proposed settlements.

WORKERS' COMPENSATION APPEALS BOARDGuadalupe RamirezJuan Jeno'vebo GarciaRafael Tapia Jr.Rolando TapiaGuardian ad LitemArgus NewspaperLiberty Mutual Insurance CompanyCompromise and ReleaseFindings of Fact and Order
References
0
Case No. SAC 0191116 SAC 0191126
Regular
Feb 19, 2008

WILLIAM VILLEMAIRE, Deceased, ROBERTA VILLAMAIRE, Widow, Individually and as Guardian ad Litem and Trustee for TIFFANY A. VILLAMAIRE (minor), WILLIAM A. VILLAMAIRE and TRACY A. VILLAMAIRE vs. CAMPBELL SOUP COMPANY; TRAVELERS INSURANCE COMPANY, et. al.

The Workers' Compensation Appeals Board remanded the case for further proceedings to determine the decedent's average weekly earnings capacity, considering union contract wage increases foreseeable at the time of injury, to establish the proper death benefit rate for minor children. The Board clarified that accrued death benefits owed to a deceased dependent are payable to surviving dependents, not their estate. The original award was rescinded, returning the matter to the trial level for a new decision consistent with the opinion.

Workers' Compensation Appeals BoardDeceased EmployeeSurviving WidowGuardian ad LitemTrusteeSurvivor BenefitsCampbell Soup CompanyTravelers Insurance CompanyOpinion and Decision After ReconsiderationAverage Weekly Earnings
References
3
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
1
Case No. ADJ8007911
Regular
Dec 24, 2012

Matthew Maxwell (Deceased) vs. FIRECODE SAFETY EQUIPMENT, INC., OAK RIVER INSURANCE COMPANY

This case concerns appeals regarding workers' compensation death benefits for Matthew Maxwell's dependents. The primary dispute involves whether Matthew Maxwell Jr., the decedent's son, qualifies for the special minor death benefit under Labor Code section 4703.5, given his mother is a totally dependent spouse. The Appeals Board denied the daughter's petition for reconsideration and dismissed the insurer's petition as untimely, affirming the WCJ's award of the special minor benefit to Matthew Maxwell Jr. A commissioner dissented, arguing Matthew Maxwell Jr. is excluded from the benefit because his mother is a surviving totally dependent parent.

Workers' Compensation Appeals BoardMatthew MaxwellFirecode Safety EquipmentOak River InsuranceADJ8007911ReconsiderationFindings and AwardTotally Dependent MinorLabor Code Section 3501Labor Code Section 4703.5
References
3
Case No. ADJ17148489
Regular
Jul 14, 2025

VERONICA SOTO VILLEGAS vs. ORANGE COUNTY PLASTERING COMPANY, INC.; CYPRESS INSURANCE COMPANY

The Workers' Compensation Appeals Board denied the defendants' petition for reconsideration regarding an industrial death claim and the dependency status of a minor stepchild. The Board affirmed the WCJ's finding that the deceased employee contracted COVID-19 at work due to an increased risk from his employment in enclosed spaces with infected co-workers. Furthermore, the Board upheld the finding that the stepchild was a total dependent, emphasizing a liberal interpretation of Labor Code sections 3501 and 4703.5 to include stepchildren within the definition of "child" for death benefits. This decision highlighted the importance of statutory context and legislative intent to protect dependent minors.

Workers' Compensation Appeals BoardReconsiderationLabor CodeCOVID-19Industrial InjuryDeath BenefitsDependencyStepchildIncreased RiskCausation
References
18
Case No. MISSING
Regular Panel Decision

State ex rel. Dunn v. Catholic Home Bureau for Dependent Children

Maureen M. Dunn filed a writ of habeas corpus to regain custody of "Baby Girl" Dunn, born April 6, 1986, after executing a surrender for adoption to Catholic Home Bureau for Dependent Children (CHB) on May 1, 1986. The child was placed with prospective adoptive parents, John and Mary Doe, on April 10, 1986. Dunn attempted to revoke her surrender on May 21, 1986, within the 30-day period stipulated by Social Services Law § 384(5). The adoptive parents moved to dismiss or transfer the case, arguing against Supreme Court jurisdiction. The court retained jurisdiction and, following hearings, addressed Dunn's claims of fraud, duress, or coercion in the surrender's execution, which it ultimately denied despite concerns about CHB's procedures and a witness's credibility. The court also clarified the application of Social Services Law §§ 383(6) and 384(5) regarding the natural mother's rights post-surrender, ruling that Dunn lost her presumption of superiority once the child was placed in an adoptive home, requiring the custody determination to be based solely on the child's best interests. Considering the stability, financial security, and family ties of the adoptive parents versus the natural mother's temporary employment, uncertain support from the natural father, and past substance use during pregnancy, the court found it in the child's best interest to remain with the adoptive parents and be adopted by them.

AdoptionChild CustodyHabeas CorpusSurrender of Parental RightsBest Interests of the ChildParental RightsSocial Services LawRevocation of SurrenderFraudDuress
References
10
Case No. BAK 0144430 ANA 0384706
Regular

JOSE T. BOCANEGRA (DECEASED), VICTORIA VALDEZ IZAZAGA For Herself and as Guardian Ad Litem For JOAQUIN GOMEZ VALDEZ, A Minor, MALAKIAS GOMEZ VALDEZ, A Minor, EMMA GUZMAN For Herself and as Guardian Ad Litem forJASMYNE BOCANEGRA VALLE, A Minor, GABRIELLA BOCANEGRA, A Minor, vs. SUN-GRO COMMODITIES; STATE COMPENSATION INSURANCE FUND,

This case involves a deceased worker's dependents claiming serious and willful misconduct by the employer. The Workers' Compensation Appeals Board (WCAB) granted removal and deferred the serious and willful misconduct claim despite the employer's objection. The WCAB found that the issue was not properly noticed for trial and bifurcated it to prevent prejudice and ensure due process for all parties involved.

Serious and willful misconductPetition for removalGuardian Ad LitemIndustrial injuryDeath benefitsMandatory settlement conferencePretrial conference statementBifurcationDue processIrreparable harm
References
0
Case No. ADJ7080192
Regular
Jan 07, 2014

LORRAINE DICKINSON Widow, AISHA ANTOINETTE ANDERSON as Guardian ad Litem and Trustee for minor dependents: ANGELO URIAS; ANTONIO SOTO; DIAMONQUE SOTO vs. STATE OF CALIFORNIA, DEPARTMENT of CORRECTIONS, Legally Uninsured, STATE COMPENSATION INSURANCE FUND

The Appeals Board affirmed the WCJ's finding that the decedent's step-grandchildren were partial dependents. This was based on evidence that the decedent provided medical insurance and voluntarily contributed to their maintenance, establishing them as good faith family members. The Board found this sufficient to qualify for death benefits under Labor Code section 3503. However, the case was returned to the trial level for further development of the record regarding the specific amount of benefits.

Dependency benefitsStep-grandchildrenPartial dependentsHousehold membershipGood faith family memberLabor Code section 3501Labor Code section 3502Labor Code section 3503Date of injuryDeath benefits
References
5
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
3
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