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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.
Filed November 12, 2009
Opinion by Judge Perluss
For Appellant: Gurvitz Marlowe & Miller and Diane E. Phillips
For Appellee: N/A