City Of Compton, Permissibly Self-Insured; and County Of Los Angeles Marvin Branscomb (Deceased) / Mable Jean Branscomb (Widow) WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMARVIN BRANSCOMB (Deceased); MABLE JEAN BRANSCOMB (Widow) Applicant(s),vs.CITY OF COMPTON, Permissibly Self-Insured; and COUNTY OF LOS ANGELES, Defendant(s).Case No. ADJ366995 (VNO 0532053)OPINION AND ORDER DENYING PETITION FOR STAY Defendant, the City of Compton (Compton), has filed a petition requesting the Appeals Board to issue an order staying the Findings and Award issued by the workers’ compensation administrative law judge (WCJ) on November 8, 2010. In that decision, the WCJ made a $250,000 award of death benefits against Compton, payable to applicant, Mable Jean Branscomb. Mrs. Branscomb is the widow of Marvin Branscomb, who died on February 6, 2006 due to prostate cancer, which the WCJ determined was caused by his employment as a deputy sheriff by Compton. Compton seeks a stay of the award pending final disposition of a petition for writ of review it intends to file from the Appeals Board’s December 29, 2010 order denying reconsideration of the WCJ’s award. Compton’s petition for a stay is based on its verified allegations that: (1) it is a self- insured governmental entity that is bound up to $1,000,000; and (2) if its petition for writ of review is denied or if the death benefits award is otherwise affirmed, it will pay the award, which it has the ability to pay. We deny the petition for stay. Although the Appeals Board has the authority to stay an award (Lab. Code, §§ 133, 5910), it will rarely do so. This is largely because an injured employee or the dependent(s) of an injured employee can execute on an award only by filing a certified copy of it with the clerk of the superior , court and obtaining an entry of judgment. (Lab. Code, §§ 5806, 5807.) Yet, as we will explain, the Appeals Board ordinarily will not issue a certified
Marvin Branscomb (Deceased) / Mable Jean Branscomb (Widow) vs. City Of Compton, Permissibly Self-Insured; And County Of Los Angeles
In this case, the City of Compton (Compton) requested the Workers' Compensation Appeals Board to issue an order staying the Findings and Award issued by the workers' compensation administrative law judge (WCJ) on November 8, 2010. The WCJ made a $250,000 award of death benefits against Compton, payable to applicant, Mable Jean Branscomb, the widow of Marvin Branscomb, who died on February 6, 2006 due to prostate cancer, which the WCJ determined was caused by his employment as a deputy sheriff by Compton. The Appeals Board denied the petition for stay, noting that they rarely issue a stay, as an injured employee or the dependent(s) of an injured employee can execute on an award
- Filed On:
- Court: California, Van Nuys
- Case No. ADJ366995
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