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California
Law Dictionary
Workers Compensation Death Benefits Award Beneficiaries
(Fremont Comp. Ins. v. Sierra Pine )
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Workers Compensation Death Benefits Award Beneficiaries
(Fremont Comp. Ins. v. Sierra Pine )

Although Fremont did not plead Nesmith’s divorce from Manning, the fact has been conceded. (See County of El Dorado v. Misura (1995) 33 Cal.App.4th 73, 77.) We digress to explain the Board’s order. When a worker dies in an industrial accident, the Board may award death benefits. (§ 4700 et seq.) These benefits are paid to: (1) the worker’s heirs, if any; or (2) the worker’s dependents, if any; or (3) to a State escheat fund. (§ 4706.5.) It seems Manning had no heirs. Some people are presumed to be the worker’s dependents; others must show actual dependency. (§§ 3501-3503.) Early cases allowed recovery by persons who in good faith thought they were married to the worker. (Rivieccio v. Bothan (1946) 27 Cal.2d 621, 626; Brennfleck v. Workmen’s Comp. App. Bd. (1970) 3 Cal.App.3d 666, 671-672, 674-675.) Later cases extended recovery to other surviving dependent partners. (Department of Industrial Relations v. Workers’ Comp. Appeals Bd. (1979) 94 Cal.App.3d 72, 76-78; see 1 Cal. Workers’ Compensation Practice (Cont.Ed.Bar 4th ed. 2002) § 7.4, p. 410.) Nesmith’s marital status is a red herring because Nesmith, as a member of Manning’s household (see Lab. Code, § 3503), was his actual dependent and would have been entitled to benefits even had they never been married.

Fremont_Comp_Ins_v_Sierra Pine

Aug 04 2004

C034569
[PDF] [DOC]

Fremont Comp. Ins. v. Sierra Pine 8/4/04 CA3

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