Lee Eccleston (Deceased), Barbara Eccleston, Joseph Eccleston, Sarah Eccleston v. State of California, Department of Corrections

Death Benefits—Special Death Benefits for Dependents of Public Employees—WCAB, rescinding WCJ's findings and award, held that partially dependent children of deceased correctional officer who suffered heart attack resulting in his death on 11/4/2007, were not precluded from receiving Labor Code § 4704 dependency benefits based upon widow's receipt of special death benefit provided by Public Employees Retirement System (PERS) under Labor Code § 4707(a), when WCAB determined that decision in Department of Corrections v. W.C.A.B. (Antrim) (1979) 23 Cal. 3d 197, 589 P.2d 853, 152 Cal. Rptr. 345, 44 Cal. Comp. Cases 114, reconciled apparent conflict between Labor Code §§ 4704 and 4707 by providing that, upon a showing of good cause, WCAB could award death benefits to dependent children otherwise excluded from receiving such benefits solely because widow elected  special death benefit under Labor Code § 4707(a), and that decedent's dependents established good cause  to award dependency benefits pursuant to Labor Code § 4704, because evidence indicated that both dependents were full time students living outside of decedent's home and depended on decedent for their livelihoods. © Copyright 2009 LexisNexis. All rights reserved.

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