Gonzalez v. Workmen's Compensation Appeals Board

Opinion

THE COURT.* Flavio P. Ayala died in an industrial accident June 21, 1972, leaving a surviving widow, respondent Cruz Sandez de Ayala, and two minor, partially dependent step-grandchildren, respondents also. Cruz was awarded $25,000 compensation as a wholly dependent surviving widow and an additional $3,000 for the minors. Petitioners Gonzalez and Continental Casualty Insurance Company want the award annulled.

[282]Both Flavio and Cruz were “green-card” holders—they had been granted the status of immigrants and resident aliens in the United States by the United States Government.1 2Cruz registered with the United States Government each January as a resident alien giving her address as her daughter’s residence in Calexico, California. Cruz sought full death benefits as a surviving widow. She did not establish she was totally dependent on Flavio for support. The referee found she was entitled to the presumption of Labor Code section 3501 which provides a wife is conclusively presumed to be wholly dependent for support on her husband with whom she was living or who was legally liable for her support when he was injured. He also found the couple actually resided in Mexicali, Mexico, occasionally lived in‘Calexico, but were “resident aliens” within the meaning of Labor Code section 3500,2 regardless of where they actually lived. He found Cruz’s two grandchildren, unrelated to Flavio, were his partial dependents.

The Appeals Board first reversed the referee, holding Cruz’s immigration status was not conclusive for workmen’s compensation without regard to the facts. The Board reversed itself two months later and upheld the referee primarily because (1) Gooch v. Clark, 433 F.2d 74 and Sam Andrews’ Sons v. Mitchell, 457 F.2d 745, held commuter aliens and true resident aliens were the same for immigration law purposes, and (2) Labor Code section 3202 directing liberal construction of workmen’s compensation benefits for the protection of those injured in the course of their employment.

The Board also upheld the award to the minor step-grandchildren as within the Labor Code section 4702 classification of “dependent minor children,” relying on Argonaut Ins. Co. v. I.A.C., 30 Cal. Comp. Cases 260, where the section was interpreted to “include all minors who are dependent members of decedent’s household regardless of the relationship to the deceased.”

Petitioners argue Cruz must actually live in the United States in order to invoke the presumption. Saxbe v. Bustos, 419 U.S. 65 [42 L.Ed.2d 231, 95 S.Ct. 272] confirmed Gooch v. Clark, supra, 433 F.2d 74.