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Case Name Atlantic Richfield Co. v. WCAB
Date 05/20/1982
Note For partial dependency, widow must establish annual amount of support from husband's earnings.
Citation 31 Cal.3d 715, 47 CCC 500
WCC Citation WCC 25811982 CA
ATLANTIC RICHFIELD COMPANY et al. , Petitioners, v. WORKERS' COMPENSATION APPEALS BOARD, CARMAN ARVIZU et al. , Respondents (Opinion by Richardson, J. , with Mosk, Kaus and Broussard, JJ. , and Hastings, J. , concurring. First, in cases in which the surviving spouse is employed, how should partial dependency be determined and death benefits computed?[31 Cal. 3d 720] The Legislature elected not to reinstate the presumption of total dependency, and in 1979 it amended section 3501, removing subdivision (a). Several different approaches have been suggested for determining the appropriate amount of the award to a partial dependent. 'The marital community is something more than the sum of the economic interests of individuals who make it up.

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