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City of Los Angeles v. Workers' Comp. Appeals Bd., No. B211331

By FindLaw Staff on November 13, 2009 12:01 PM

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.  

Read City of Los Angeles v. Workers' Comp. Appeals Bd., No. B211331 [HTML] 

Read City of Los Angeles v. Workers' Comp. Appeals Bd., No. B211331 [PDF] 

Filed November 12, 2009

Judges

Opinion by Judge Perluss

Counsel

For Appellant:   Gurvitz Marlowe & Miller and Diane E. Phillips

For Appellee:   N/A

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