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California Court of Appeal


Dept. of Corrections and Rehabilitation v. Workers' Compensation Appeals Board, C078345

In a writ of review challenging the failure of the WCAB to address its claim that the hearing officer failed to adjudicate a deceadent's widow's petition to determine her entitlement to special death benefits under the public employees' retirement system (PERS), Gov. Code section 21537, 21541, the decision of the WCAB upholding the finding of its hearing officer that there was an industrial cause for the death of decedent and the award of a workers' compensation death benefit to widow, is annulled and the matter is remanded with directions to join the PERS Board as a defendant and calculate the coordinated death benefits within each board's purview.

Appellate Information

  • Decided 07/22/2015
  • Published 07/22/2015

Judges

  • Butz

Court

  • California Court of Appeal

Counsel

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