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Case Name Dept. of Corrections v. WCAB
Date 02/01/1979
Note Death benefits may be awarded to dependents otherwise denied if
Citation 23 Cal.3d 197, 44 CCC 114
WCC Citation WCC 3911979 CA
The California Department of Corrections petitions for review of a decision by the Workers' Compensation Appeals Board (hereafter WCAB) awarding death benefits to respondent Deanna Antrim. This court must decide whether the WCAB had the authority to award death benefits under Labor Code section 4701 et seq. Further, the WCAB has been granted broad powers in Labor Code section 4704 to reassign or reapportion any death benefit 'in a just and equitable manner. 'A second claim for death benefits was filed with the WCAB by the deceased's minor daughter from a prior marriage, Deanna Antrim. Nevertheless, our inquiry does not end here since the Legislature also expressly granted the WCAB discretion in awarding death benefits.

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