Department of Corrections v. Workers' Compensation Appeals Board

Opinion

BIRD, C. J.

The California Department of Corrections petitions for review of a decision by the Workers’ Compensation Appeals Board (hereafter WCAB) awarding death benefits to respondent Deanna Antrim. This court must decide whether the WCAB had the authority to award death benefits under Labor Code section 4701 et seq. to a deceased’s minor child of a prior marriage when the deceased’s surviving spouse had elected to receive special death benefits under Government Code section 21363.

I

This case involves two distinct statutory schemes for benefits on the death of a qualified employee. The…