CompFox AI Summary
The Workers' Compensation Appeals Board granted reconsideration and rescinded the original decision, remanding the case to the WCJ. The Board found that the WCJ erred in determining that no benefits were payable to the decedent's partially dependent adult children, Joseph and Sarah Eccleston, solely because the widow elected the CalPERS Special Death Benefit. The Appeals Board clarified that Labor Code section 4704 allows for the reallocation of death benefits upon a showing of good cause, even when section 4707 applies. The matter was returned for the WCJ to determine if good cause exists to award death benefits to the petitioning children, considering all relevant factors, including statutory support obligations.
LEE ECCLESTON (Deceased) BARBARA ECCLESTON, JOSEPH ECCLESTON and SARAH ECCLESTON vs. STATE OF CALIFORNIA, DEPARTMENT OF CORRECTIONS, PELICAN BAY STATE PRISON is a workers' compensation case decided in San Francisco. This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in San Francisco.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted reconsideration and rescinded the original decision, remanding the case to the WCJ. The Board found that the WCJ erred in determining that no benefits were payable to the decedent's partially dependent adult children, Joseph and Sarah Eccleston, solely because the widow elected the CalPERS Special Death Benefit. The Appeals Board clarified that Labor Code section 4704 allows for the reallocation of death benefits upon a showing of "good cause," even when section 4707 applies. The matter was returned for the WCJ to determine if good cause exists to award death benefits to the petitioning children, considering all relevant factors, including statutory support obligations.
Read the full decision
Join + legal professionals. Create a free account to access the complete text of this decision and search our entire database.