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Case Name State of CA v. WCAB (Butterworth)
Date 01/31/1980
Note State has burden of proving the deceased employee did not leave surviving anyone entitled to dependency death benefits.
Citation 101 Cal.App.3d 673
WCC Citation WCC 24641980 CA
In these three consolidated cases the petitioner, State of California, Department of Industrial Relations (hereafter State), challenges the Workers' Compensation Appeals Board (hereafter WCAB) determination that parents of deceased workers are dependents entitled to death benefits. By virtue of this section the State claims entitlement to death benefits resulting from the deaths of the stewardesses. The State contests the award to the parents, contending that the parents have failed to establish partial dependency, thus entitling the State to the benefits. Since the State has failed to prove that it is entitled to benefits, we affirm the decision of the WCAB. Initially, of course, as we have held, the Legislature placed the burden upon the State; therefore, the State must meet the burden, however difficult.

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