State Compensation Insurance Fund v. Workers' Compensation Appeals Board

Opinion

PUGLIA, P. J. Labor Code section 4703.5 obligates an employer to pay a special death benefit to the “totally dependent minor children” of an employee who dies as the result of a work-related injury. In this petition for writ of review, we affirm the Workers’ Compensation Appeals Board’s (Board’s) interpretation of section 4703.5 as extending this special death benefit to a totally dependent minor grandchild.1

I

Albert Asher (decedent) was electrocuted during the course of his employment on August 9, 1990. Decedent and his widow, respondent Connie Asher (widow), cared for and provided a home and total financial support for their grandson, respondent Justin Anthony Bernal (Justin), from the moment of [1647]Justin’s birth on March 20, 1990. Since decedent’s death, widow has provided sole support for her grandson. State Compensation Insurance Fund (petitioner) concedes Justin was a minor totally dependent upon decedent at the time of decedent’s death.

On December 13, 1990, widow and Justin filed an application for adjudication of claim, seeking death and other benefits. On July 20, 1992, a workers’ compensation judge (WCJ) approved the parties’ compromise and release, in which, inter alia, widow and Justin released their claims for dependents’ death benefits under sections 4702 and 4703, and the parties agreed the Board would determine the sole remaining issue in the case, Justin’s entitlement to the special death benefit under section 4703.5.

On September 22, 1992, the WCJ issued his decision, finding Justin a totally dependent minor child and thus entitled to the section 4703.5 death benefit. The WCJ reasoned that because section 4703.5 does not expressly provide that minor children must be the direct offspring of the decedent, section 3202 requires a liberal interpretation of section 4703.5 to include a minor such as Justin who is “in a position no different than he would be if he was [szc] the natural or adopted son of Decedent,” i.e., an indefinite dependent of decedent’s household.

On December 10, 1992, the Board issued its opinion denying reconsideration of the WCJ’s decision. The Board adopted the WCJ’s analysis, and concluded: “We reach our decision based upon the particular facts in this case where decedent’s grandchild was totally dependent upon decedent and his wife at time [sz'c] of decedent’s death and the child’s own mother and father never supported the child since birth.”