California Labor Codes 4701

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§§ 4701 Fatal injury; burial expenses; death benefits.

History: Amended by SB 863; Effective Jan. 1, 2013 Amended by SB 863; Effective Jan. 1, 2013 �If an injury causes death, either with or without disability, the employer shall be liable, in addition to any other benefits provided by this division, for all of the following: (a)�Reasonable expenses of the employee's burial, in accordance with the following: (1)�Up to two thousand dollars ($2,000) for injuries occurring prior to January 1, 1991. (2)�Up to five thousand dollars ($5,000) for injuries occurring on or after January 1, 1991, and prior to January 1, 2013. (3)�Up to ten thousand dollars ($10,000) for injuries occurring on or after January 1, 2013. (b)�A death benefit, to be allowed to the dependents when the employee leaves any person dependent upon him or her for support.

Relevant Case Law Dept. of Highway Patrol v. WCAB Note: WCJ erred by using last date of work for dependency status of children rather than date of injury. Johnson v. WCAB (Lentz) Note: Release of dependent's benefits valid; Sumner v. WCAB Note: A worker may compromise death benefits of his survivors. Soil Engin. Constr., Inc. v. Super. Ct. Note: Superior Court lacked jurisdiction (exclusive remedy rule) even though no recovery by parents as nondependent heirs. Smith v. WCAB, JRW Contemporary Note: Rent may be evidence of dependency only if such payments contributed to maintaining alleged dependents standard of living.