California Court of Appeal
Six Flags, Inc. v. Workers Comp. Appeals Bd., B184245
Labor Code section 4702(a)(6)(B), which provides that when a worker without dependents suffers fatal injury during the course of employment, the employer must pay $250,000 to the deceased worker's estate as a worker's compensation death benefit, is unconstitutional because the constitutional enabling provision, Article XIV, section 4 of the California Constitution does not identify estates as a class of beneficiaries entitled to workers' compensation death benefits.
Appellate Information
- Decided 11/27/2006
- Published 11/27/2006
Judges
- KITCHING, J.
Court
- California Court of Appeal
Counsel
- For Appellant:
- Pearlman, Borska and Wax and Neil D. Schwartz, Encino, for Petitioners., Milam & Larsen and Paul A. Larsen, Pasadena, for Republic Indemnity Company of America as Amicus Curiae on behalf of Petitioners., Sedgwick, Detert, Moran & Arnold, Christina J. Imre and Michael M. Walsh, Los Angeles, for Zenith Insurance Company and Association of California Insurance Companies as Amici Curiae on behalf of Petitioners., Finnegan, Marks, Hampton & Theofel and Ellen Sims Langille, San Francisco, for California Workers' Compensation Institute as Amicus Curiae on behalf of Petitioners.
- For Appellees:
- No appearance for Respondent Workers' Compensation Appeals Board., Law Office of William J. Toppi and William J. Toppi for Respondent Mac Bunyanunda, as Administrator of the Estate of Bantita Rackchamroon., Vanessa L. Holton, Steven A. McGinty and Christine L. Harwell for Respondent State of California Department of Industrial Relations, Death Without Dependents Unit.