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Case Name | Zenith Ins. Co. v. WCAB | |
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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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