California Court of Appeal

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SMITH v. WORKERS- COMPENSATION APPEALS BOARD, A095914

In determining when parents should be considered "partial dependents" of their adult children living at home for purposes of recovering death benefits, the deceased must have provided a net financial benefit to the household, deducting first those costs attributable solely to the deceased.

Appellate Information

  • Decided 02/28/2002
  • Published 02/28/2002

Judges

  • STEVENS, J.

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  •  John M. Rea, Chief Counsel, Vanessa L. Holton, Assistant Chief Counsel and Claire Ervin Lee, Office of the Director-Legal Unit, Department of Industrial Relations, for Petitioner.

  • For Appellees:
  • No appearance for Respondent Workers' Compensation Appeals Board., Martin S. Weinstein, Law Offices of Martin S. Weinstein, Cupertino, and Regina McClellan, Santana & McClellan, for Respondent J.R.W. Contemporary, Inc.