CompFox AI Summary
This case involves a dispute over the continuation of workers' compensation death benefits for the deceased officer's children. The employer argued that benefits should be capped at $320,000, asserting that Labor Code Section 4703.5, which allows benefits to continue until the youngest child turns 18, only applies when there is no surviving totally dependent parent. The Workers' Compensation Appeals Board denied the employer's petition for reconsideration. The Board adopted the findings of the administrative law judge, determining that the legislative intent of amendments to Sections 3501 and 4703.5 was to expand benefits, not restrict them, regardless of a surviving parent's dependency status. Therefore, death benefits will continue until the youngest child reaches 18 years of age.
Full Decision Text1 Pages
This case involves a dispute over the continuation of workers' compensation death benefits for the deceased officer's children. The employer argued that benefits should be capped at $320,000, asserting that Labor Code Section 4703.5, which allows benefits to continue until the youngest child turns 18, only applies when there is no surviving totally dependent parent. The Workers' Compensation Appeals Board denied the employer's petition for reconsideration. The Board adopted the findings of the administrative law judge, determining that the legislative intent of amendments to Sections 3501 and 4703.5 was to expand benefits, not restrict them, regardless of a surviving parent's dependency status. Therefore, death benefits will continue until the youngest child reaches 18 years of age.
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