State Compensation Ins. Fund v. WCAB
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. Court agree with the reasoning of Six Flags and annul an award of $250,000 in death benefits to the estate of Bernard Giradot.
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