Death benefits
| Author | David L. Pollak/Roger A. Tolman, Jr./Monika R. Reyes |
| Pages | 597-626 |
DEATH BENEFITS
11-1
CHAPTER 11
DEATH BENEFITS
I. INJURY AOE/COE EVIDENCE
§11:01 Introduction
§11:02 Industrial Injury
§11:03 Mysterious Death Presumption
§11:04 Proof of Proximate Cause
§11:05 Admissibility of Medical Reports
§11:06 Autopsy and Exhumation
II. TIME LIMITATIONS
§11:20 240-Week Condition Precedent
§11:21 240-Week Proviso Not Tolled by Incompetence — Massey
§11:22 Exceptions
§11:23 Date of Injury/Date of Knowledge in Death Cases
III. DEPENDENTS ENTITLED TO DEATH BENEFITS
§11:30 General
§11:31 Surviving Spouse
§11:32 Surviving Children: Presumption of Dependency
§11:33 Non-Presumption Cases
§11:34 Non-Resident Dependent Relatives
§11:35 Good Faith Members of the Household
§11:36 Non-Relative, Non-Live-In “Dependents”
§11:37 Time of Dependency
§11:38 Determination of Partial Dependency
IV. DEATH BENEFITS
§11:50 The Statutory Death Benefit
§11:51 Statutory Amounts
§11:52 Augmented Payments to Surviving Child
§11:53 Burial Allowance
§11:54 Special Death Benefit to PERS Member; Minor Children of Local Safety Members
§11:55 Special Child Scholarship/Family Medical Benefit (Dependent of Peace Officer/Firefighter)
§11:56 Public Official Assassination Death Benefit
§11:57 Death Benefit Not Subject to Carve-Out Agreement
V. THE DEATH BENEFIT AWARD
§11:70 Introduction
§11:71 Manner of Payment, Death Benefits Subject to COLA Increases
§11:72 Payment May Not Be Greater Than the Statutory Maximum TTD Rate
§11:73 Commutation of Total Benefit
§11:74 Apportionment of Death Benefits
§11:75 Applicable Death Benefit Rates
DEATH BENEFITS
California Workers’ Compensation 11-2
VI. PRIORITIES AMONG DEPENDENTS
§11:80 Assignment With More Than One Dependent
§11:81 Power to Reassign
§11:82 Broad Discretion To Allocate Payments Among Dependents
§11:83 All Claimants’ Interests Should Be Determined
VII. EFFECT OF DISPOSITION OF EMPLOYEE’S INTER VIVOS CASE
§11:90 C & R Bars Dependents — Johnson, Sumner
§11:91 Does Adjudication of No Liability Debar Later Dependents?
VIII. INDUSTRIAL DEATH WITHOUT DEPENDENTS
§11:100 Death Benefits Paid to State Death Without Dependents Unit
§11:101 Employer Liable to State for Employee Industrial Death Without Dependents
§11:102 No Liability Where Partial Dependent — Arvizu
§11:103 Notice of Employee Death
§11:104 Joinder of Department
§11:105 Employer’s Subrogation and Competing Rights of Employee Heirs
§11:106 Late-Comer Dependent: Reimbursement Rights
IX. EFFECT OF DEATH ON ACCRUED COMPENSATION BENEFITS
§11:120 Accrued Disability Benefits
§11:121 Payment to Heirs Without Administration
§11:122 Effect of Death on Accrued Death Benefits
§11:123 Limitations
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