Legal Question in Workers Comp in California

My father had a workers compensation case, that was settled to pay him monthly installments until he was 99 years of age. My mother who has been married to my father for 44 years and has been his caretaker, lost him exactly 4 weeks ago and he was 73 years old. This is a very difficult time for my mom, family and I, but things have to be taken care of. Bills have to be paid, etc and no one cares we just suffer a loss of a family member, just pay them their money. That being said, is their any way that my mother as my fathers widow, and caretaker to be paid the remaining sum of my fathers settlement?


Asked on 8/31/15, 1:21 pm

1 Answer from Attorneys

Nancy Wallace Nancy Wallace Atty at Law

Most 'awards' are paid every 14 days, and you write this is paid monthly, so it appears this is some agreed-upon contract and not a judge's findings resulting in the payments.

IF the signed documents indicate 'dependents' or 'successors' are to receive payments when the "Applicant" or 'injured worker" dies, you just make a written demand based on the terms of the written agreement.

In short, you need to go through the signed agreement line-by-line, very very carefully. I've been doing Comp since 1987 and have never seen any WCAB Judge approve a settlement that pays the worker through age 99 because nearly no workers make it to age 99, so that would result in a windfall to the insurance company (which WCAB Judges generally prevent).

If there is no signed agreement or no contract surrendering all of the injured worker's rights in exchange for the payments, then you can attempt to make a Dependent's Death Claim...but you have to prove that the death was predominantly caused by the work injury (note a doctor won't write the pain from the spine injury resulted in death if you lost your dad to cancer or pneumonia).

Miss my Dad every day. I'm so sorry for your loss.

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Answered on 9/10/15, 11:59 am


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