California Court of Appeal
City of Los Angeles v. Workers' Comp. Appeals Bd., B211331
City's petition for review of an order of the Workers' Compensation Appeals Board (WCAB) awarding the full $125,000 death benefit to the California Department of Industrial Relations, Death Without Dependents Unit (DWD Unit), notwithstanding the City's payment of $104,208 in death benefits to the deceased worker's estate pursuant to Labor Code section 4702(a)(6)(B) is annulled because the escheat of a death benefit to the state after partial payment to the estate, in effect the award of two death benefits for a single death, is inconsistent with the governing statutes and the legislative policy they implement.
Appellate Information
- Decided 11/12/2009
- Published 11/12/2009
Judges
- PERLUSS, P.J.
Court
- California Court of Appeal
Counsel
- For Appellant:
- Gurvitz Marlowe & Miller, Encino, and Diane E. Phillips, Los Angeles, for Petitioner., Vanessa L. Holton, Chief Counsel, and Steven A. McGinty, Assistant Chief Counsel, Department of Industrial Relations for State of California Death Without Dependents Unit.
- For Appellees:
- No appearance for Respondent Workers' Compensation Appeals Board.