CompFox AI Summary
This case involves a widow's claim for death benefits following her husband's fatal industrial injury. The employer argued the claim was barred by a "carve-out" agreement under Labor Code §3201.5, which allows alternative dispute resolution for unionized employees. The Workers' Compensation Appeals Board rescinded the dismissal, finding that carve-out agreements under §3201.5 apply only to employees, not to dependents' death benefit claims. The Board determined that dependents' death benefits are independent rights, not derived from the employee's claim. The case is returned for further proceedings on the merits of the widow's claim.
Full Decision Text1 Pages
This case involves a widow's claim for death benefits following her husband's fatal industrial injury. The employer argued the claim was barred by a "carve-out" agreement under Labor Code §3201.5, which allows alternative dispute resolution for unionized employees. The Workers' Compensation Appeals Board rescinded the dismissal, finding that carve-out agreements under §3201.5 apply only to employees, not to dependents' death benefit claims. The Board determined that dependents' death benefits are independent rights, not derived from the employee's claim. The case is returned for further proceedings on the merits of the widow's claim.
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