AB 607, as introduced, Perea. Workers’ compensation: dependent children.
Existing law establishes a workers’ compensation system, administered by the Administrative Director of the Division of Workers’ Compensation, that generally requires employers to secure the payment of workers’ compensation for injuries incurred by their employees that arise out of, and in the course of, employment. Existing law provides certain methods for determining workers’ compensation benefits payable to a worker or his or her dependents for purposes of temporary disability, permanent total disability, permanent partial disability, and in the case of death. Existing law provides that totally dependent minor children of the deceased worker shall receive death benefits until the youngest child attains 18 years of age, or until the death of a child physically or mentally incapacitated from earning, at a weekly rate of at least $224. Existing law conclusively presumes, for the purpose of determining workers’ compensation benefits, that children under 18, or certain adult children, who were living with the employee-parent at the time of injury resulting in death, or for whose maintenance the employee-parent was legally liable at the time of the injury resulting in death, is wholly dependent for support on the deceased employee-parent if there is no surviving totally dependent parent.
This bill would eliminate the requirement that, in order to conclusively presume that children under 18, or certain adult children, are wholly dependent for support on the deceased employee-parent, there not be a surviving totally dependent parent. This bill would also make conforming changes.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 3501 of the Labor Code is amended to
2read:
(a) A child under the age of 18 years, or a child of any
4age found by any trier of fact, whether contractual, administrative,
5regulatory, or judicial, to be physically or mentally incapacitated
6from earning, shall be conclusively presumed to be wholly
7dependent for support upon a deceased employee-parent with
8whom that child is living at the time of injury resulting in death
9of the parent or for whose maintenance the parent was legally
10liable at the time of injury resulting in death of thebegin delete parent, there begin insert parent.end insert
11being no surviving totally dependent parent.end delete
12(b) A spouse to whom a deceased employee is married at the
13time of death shall be conclusively presumed to be wholly
14dependent for support upon the deceased employee if the surviving
15spouse earned thirty thousand dollars ($30,000) or less in the
16twelve months immediately preceding the death.
Section 4703.5 of the Labor Code is amended to read:
(a) In the case of one or more totally dependentbegin delete minorend delete
19 children, as defined in Section 3501, after payment of the amount
20specified in Section 4702, and notwithstanding the maximum
21limitations specified in Sections 4702 and 4703, payment of death
22benefits shall continue until the youngest child attains 18 years of
23age, or until the death of a child physically or mentally
24incapacitated from earning, in the same manner and amount as
25temporary total disability indemnity would have been paid to the
26employee, except that no payment shall be made at a weekly rate
27of less than two hundred twenty-four dollars ($224).
28(b) (1) Notwithstanding the age limitation in
subdivision (a),
29the payment of death benefits shall continue until the youngest
30child attains 19 years of age if the child is still attending high
P3 1school and is receiving the death benefits as a child of an active
2member of a sheriff’s office, begin insertan end insertactive member of a police or fire
3department of a city, county, city and county, district, or other
4public or municipal corporation or political subdivision, begin insertan end insert
5individual described in Chapter 4.5 (commencing with Section
6830) of Title 3 of Part 2 of the Penal Code who is primarily
7engaged in active law enforcement activities, active firefighting
8member of the Department of Forestry and Fire Protection, or an
9active member of any county forestry or firefighting department
10or unit killed in the performance of duty.
11(2) Paragraph (1) shall not apply with respect to a child of a
12person whose principal duties are clerical or otherwise do not
13clearly fall within the scope of active law enforcement or active
14firefighting services, such as stenographers, telephone operators,
15and other office workers.
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