State Compensation Ins. Fund v. WCAB
Filed
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
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IN THE COURT OF APPEAL OF THE STATE OF
FIRST APPELLATE DISTRICT
DIVISION THREE
STATE COMPENSATION INSURANCE FUND, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD and RENEE T. McMAHON, as Administrator, etc., Respondents. | A114112 (WCAB No. |
Labor Code section 4702, subdivision (a)(6)(B) provides that when a worker without dependents is fatally injured during the course and scope of employment, the employer must pay $250,000 to the deceased worker's estate as a compensation death benefit. In Six Flags, Inc. v. Workers' Compensation Appeals Bd. (2006) 145 Cal.App.4th 91 (Six Flags), the Second District Court of Appeal held that this provision is unconstitutional because the California Constitution does not identify workers' estates as a class of beneficiaries under the workers' compensation law. We agree with the reasoning of Six Flags and annul an award of $250,000 in death benefits to the estate of Bernard Giradot.
BACKGROUND
Bernard Giradot was employed as a mill worker by Bergy Door Company (Bergy Door) when he died of complications from surgery to treat an on-the-job hip injury. He left no dependents. His daughter, respondent Renee T. McMahon, was appointed administrator of his estate.
After a trial before a Workers' Compensation Judge, Giradot's estate was awarded $250,000 in death benefits under Labor Code section 4702, subdivision (a)(6)(B). State Compensation Insurance Fund (SCIF), Bergy Door's workers' compensation carrier, petitioned the Workers' Compensation Appeals Board for reconsideration of this award on the ground that Labor Code section 4702, subdivision (a)(6)(B), violated the California Constitution. The Board denied reconsideration, noting that it lacked the authority to declare a statute unconstitutional. (See Greener v. Workers' Comp. Appeals Bd. (1993) 6 Cal.4th 1028, 1038.) SCIF filed a petition for writ of review to challenge the award of death benefits to the estate.
DISCUSSION
The Legislature amended Labor Code section 4702 in 2002 by adding what is now subdivision (a)(6)(B), which provides for the payment of death benefits as follows: â€
