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

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 The Workers' Compensation Appeals Board (WCAB) rescinded the prior award, holding that the conclusive presumption does not apply to stepchildren absent legal adoption.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
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. MISSING
Regular Panel Decision
Feb 10, 1977

Hernandez v. Frangella Bros.

This case involves an appeal from a Workers' Compensation Board decision that found the decedent's father to be a dependent of the deceased employee under the Workers' Compensation Law. The claimant, the decedent's father, had a prior injury and consistently received financial support from his son, ranging from $15 to $60, totaling over $2,000 in the year before the son's death. The Board inferred that the father's standard of living was detrimentally affected by the loss of these contributions. The court affirmed the Board's determination, holding that questions of dependency and contribution are factual for the Board, and in this instance, there was substantial evidence to support their finding. Costs were awarded to the Workers' Compensation Board against the employer and its insurance carrier.

Dependency claimWorkers' Compensation BoardAppellate DivisionParental dependencyFinancial contributionsSubstantial evidenceQuestion of factAffirmed decisionDeceased employee
References
2
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
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. MISSING
Regular Panel Decision

Brennan v. Bally Total Fitness

Kathryn Brennan filed a civil rights action against her former employer, Bally Total Fitness Corp., alleging sexual harassment under Title VII and disability discrimination under the ADA. Bally moved to dismiss the complaint as untimely and to compel arbitration based on its Employee Dispute Resolution Procedure (EDRP). The court denied Bally's motion to dismiss the Title VII claim, applying the 'continuing-violation exception' due to Brennan's allegations of ongoing harassment. The court also denied Bally's motion to compel arbitration, finding Bally's unilateral modifications to the EDRP invalid and raising questions of unconscionability regarding the original EDRP. The case is remanded for jurisdictional discovery and a possible hearing to determine the validity of the arbitration agreement.

Civil RightsSexual HarassmentDisability DiscriminationTitle VIIAmericans with Disabilities Act (ADA)Arbitration AgreementFederal Arbitration Act (FAA)Motion to DismissMotion to Compel ArbitrationContinuing Violation Exception
References
27
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. MISSING
Regular Panel Decision

Claim of Gabisch v. J. F. C. Rental Corp.

Martin C. Gabisch died from injuries sustained in a work-related accident on March 28, 1985. His parents, Martin J. Gabisch and his wife (referred to as Claimant Mother), filed a claim for compensation asserting dependency. Initially, a finding of dependence was made, but the Workers’ Compensation Board reversed this, concluding that the claimants were not wholly or partially dependent on the decedent. The claimants subsequently appealed this Board decision. The court reviewed the evidence, noting that the deceased contributed approximately $550 per month to the family income, while the claimant father earned about $3,000 per month. The court determined that the evidence presented did not establish that the claimants were dependent upon the decedent, as they needed to prove they were not independently self-supporting. Consequently, the Board’s decision was affirmed.

Parental DependencyWorkers' CompensationAppellate ReviewFinancial SupportWork-Related AccidentDependency ClaimBoard DecisionAffirmation
References
1
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. 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
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