Call or email us anytime
(805) 484-0333
Search Guide
Today is Saturday, July 27, 2024 -

News Articles

3rd DCA to Decide Widow's Entitlement to Benefits for Husband's Suicide

  • State: California
  • Topic: Top
  • - Popular with: Legal
  • -  0 shares
California's 3rd District Court of Appeal has agreed to weigh in on whether the Workers' Com…

Purchase this story for only $7.99!

Add to Cart

For access to all our articles, check out our subscription options.

One Comment

Log in to post a comment

Close


Do not post libelous remarks. You are solely responsible for the postings you input. By posting here you agree to hold harmless and indemnify WorkCompCentral for any damages and actions your post may cause.
Mary Huckabaa Nov 3, 2016 a 2:58 pm PDT

What is supposed to happen, when aoe/coe is denied, is a petition to join PERS per LC4708, a trial on aoe/coe, with an issue raised of entitlement to WC benefits under 4707 noted above.

4707. (a) Except as provided in subdivision (b), no benefits, except reasonable expenses of burial not exceeding one thousand dollars ($1,000), shall be awarded under this division on account of the death of an employee who is an active member of the Public
Employees' Retirement System unless it is determined that a special death benefit, as defined in the Public Employees' Retirement Law, or the benefit provided in lieu of the special death benefit in Sections 21547 and 21548 of the Government Code, will not be paid by
the Public Employees' Retirement System to the surviving spouse....

So, the APPLICANT did have the burden to prove a PERS Special Death benefit would NOT be paid, before being entitled to WC death benefits. To do that, it's his/her interest to file the Petition for Joinder.




Advertisements

Upcoming Events

  • Jul 29 – Aug 2, 2024

    76th Annual SAWCA Convention

    SAVE THE DATE! 76th Annual SAWCA Convention July 29 – August 2, 2024 Hotel Effie Sandestin 1 Grand …

  • Aug 14-17, 2024

    CSIMS 2024 Annual Dual Track C

    California Society of Industrial Medicine and Surgery (CSIMS) is combining its two conferences, PI …

  • Sep 23-26, 2024

    IAIABC 110th Convention

    The IAIABC invites you to the IAIABC 110th Convention, "Passport to Solutions". The IAIABC Convent …

Workers' Compensation Events

Social Media Links


WorkCompCentral
c/o Business Insurance Holdings, Inc.
PO Box 1010
Greenwich, CT 06836
(805) 484-0333