Smith v. Workers' Compensation Appeals Board

Opinion

STEVENS, J.

In this opinion, we consider the formula for determining when parents should be considered “partial dependents” of their adult children living at home, for purposes of recovering death benefits. We conclude that the deceased must provide a net financial benefit to the household, deducting first those costs attributable solely to the deceased.

*562When a worker dies with no dependents, the employer is required by Labor Code section 4706.5, subdivision (a)1 to pay an equivalent death benefit to the Department of Industrial Relations (DIR) for addition to the Subsequent Injuries…