Home/Case Law/MATTHEW WILL (Deceased), DIANA WILL (Widow) vs. STATE OF CALIFORNIA, DEPARTMENT OF FORESTRY AND FIRE PROTECTION, STATE COMPENSATION INSURANCE FUND
Regular DecisionRegular Panel Decision

MATTHEW WILL (Deceased), DIANA WILL (Widow) vs. STATE OF CALIFORNIA, DEPARTMENT OF FORESTRY AND FIRE PROTECTION, STATE COMPENSATION INSURANCE FUND

Filed: Feb 09, 2012
San Francisco
ADJ4704248 (SJO 0269173)

CompFox AI Summary

This case concerns whether the deceased firefighter Matthew Will's minor children are entitled to continuation benefits beyond the standard death benefit. The defendant argued that continuation benefits under Labor Code section 4703.5 are only available when there is no surviving totally dependent parent, and since the widow qualifies, the children are not eligible. The Workers' Compensation Appeals Board affirmed the original award, holding that the amendment to section 4703.5 intended to augment benefits rather than restrict them. They found the reference to section 3501 was to clarify which children qualify, not to preclude benefits when a parent survives.

Full Decision Text1 Pages

This case concerns whether the deceased firefighter Matthew Will's minor children are entitled to continuation benefits beyond the standard death benefit. The defendant argued that continuation benefits under Labor Code section 4703.5 are only available when there is no surviving totally dependent parent, and since the widow qualifies, the children are not eligible. The Workers' Compensation Appeals Board affirmed the original award, holding that the amendment to section 4703.5 intended to augment benefits rather than restrict them. They found the reference to section 3501 was to clarify which children qualify, not to preclude benefits when a parent survives.

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