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Case Name | Johnson v. WCAB (Lentz) | |
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Date | 07/30/1970 | |
Note | Release of dependent's benefits valid; | |
Citation | 2 Cal.3d 964, 35 CCC 362 | |
WCC Citation | WCC 25551970 CA |
JEAN JOHNSON, Petitioner, v. WORKMEN'S COMPENSATION APPEALS BOARD, LENTZ CONSTRUCTION COMPANY et al. , Respondents. Mr. Johnson died on January 2, 1969; his widow filed her claim for death benefits on January 27. On February 4 the referee, without hearing or responsive pleading from the employer or insurance carrier, dismissed petitioner's application on the basis of the release executed by Mr. Johnson. We conclude that Labor Code section 5000 empowers an employee to compromise and release claims of his dependents. [7] Petitioner alleges that Mr. Johnson, in executing the compromise and release, did not know that he was releasing her claim to death benefits and did not intend that result.
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