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Case Name Zenith Ins. Co. v. WCAB
Date 10/01/1981
Note 'Apportionment' of loss by employers, not of benefits; death, medical, and burial benefits not apportionable.
Citation 124 Cal.App.3d 176
WCC Citation WCC 25791981 CA
ZENITH INSURANCE COMPANY, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD and DOROTHY THWEATT, Respondents. OPINION TAMURA, J. Petitioner Zenith Insurance Company (Zenith), a workers' compensation carrier, seeks review and annulment of a Workers' Compensation Appeals Board decision awarding full death benefits, medical benefits, and burial expenses to the widow of an employee who died of work-induced congestive heart failure. [124 Cal. App. 3d 179] Zenith contends that Labor Code section 3208. 2 which was added in 1968 nullified the Pacific Gas & Elec. The board added, however, that even if the statute applied and foreclosed the merger, under the Pacific Gas & Elec. The court viewed the absence of such provisions as reflecting a legislative choice to make death benefits nonapportionable.

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