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| Case Name | Arp v. WCAB | |
|---|---|---|
| Date | 05/05/1977 | |
| Note | The conclusive presumption of total dependency under section 3501, subdivision (a), is invalid and that, pending action by the Legislature, all applicants must be left to establish proof of dependency under section 3502. | |
| Citation | 19 Cal.3d 395 | |
| WCC Citation | WCC 33881977 CA |
CHRIS P. ARP, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD, CHRIS ARP CONSTRUCTION COMPANY, INC. , et al. , Respondents (Opinion by Richardson, J. , expressing the unanimous view of the court. )Astrid Arp, petitioner's deceased wife, was an employee of Chris Arp Construction Company, Inc. She was fatally injured in an industrial accident and petitioner applied for and received temporary disability payments accrued by Astrid before her death, and expenses for Astrid's medical care. Astrid Arp earned $6,000 per year as an employee of the construction company wholly owned by her husband. Petitioner asserted a claim for maximum death benefits founded upon the conclusive presumption of section 3501, subdivision (a). Petitioner filed a timely petition for reconsideration with the board, challenging the constitutionality of section 3501's gender-based classification.
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