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Legal Resources | Labor Code |  LC  4702  

Death benefit   

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(a) Except as otherwise provided in this section and Sections 4553, 4554, 4557, and 4558, the death benefit in cases of total dependency shall be as follows:

(1) In the case of two total dependents and regardless of the number of partial dependents, ninety-five thousand dollars ($95,000), for injuries occurring on and after January 1, 1991, one hundred fifteen thousand dollars ($115,000), for injuries occurring on or after July 1, 1994, one hundred thirty-five thousand dollars ($135,000), and for injuries occurring on or after July 1, 1996, one hundred forty-five thousand dollars ($145,000).

(2) In the case of one total dependent and one or more partial dependents, seventy thousand dollars ($70,000), or for injuries occurring on and after January 1, 1991, ninety-five thousand dollars ($95,000), for injuries occurring on or after July 1, 1994, one hundred fifteen thousand dollars ($115,000), and for injuries occurring on or after July 1, 1996, one hundred twenty-five thousand dollars ($125,000), plus four times the amount annually devoted to the support of the partial dependents, but not more than a total of ninety-five thousand dollars ($95,000), for injuries occurring on and after January 1, 1991, one hundred fifteen thousand dollars (S115,000), for injuries occurring on or after July 1, 1994, one hundred twenty-five thousand dollars ($125,000), and for injuries occurring on or after July 1, 1996, one hundred forty-five thousand dollars ($145,000).

(3) In the case of one total dependent and no partial dependents, seventy thousand dollars ($70,000), for injuries occurring on and after January 1, 1991, ninety-five thousand dollars ($95,000), for injuries occurring on or after July 1, 1994, one hundred fifteen thousand dollars ($115,000), and for injuries occurring on or after July 1, 1996, one hundred twenty-five thousand dollars ($125,000).

(4) In the case of no total dependents and one or more partial dependents, four times the amount annually devoted to the support of the partial dependents, but not more than seventy thousand dollars ($70,000), for injuries occurring on and after January 1, 1991, a total of ninety-five thousand dollars ($95,000), for injuries occurring on or after July 1, 1994, one hundred fifteen thousand dollars ($115,000), and for injuries occurring on or after July 1, 1996, one hundred twenty-five thousand dollars ($125,000).

(5) In the case of three or more total dependents and regardless of the number of partial dependents, one hundred fifty thousand dollars ($150,000) for injuries occurring on and after July 1, 1994, and one hundred sixty thousand dollars ($160,000) on or after July 1, 1996.

(b) The death benefit in all cases shall be paid in installments in the same manner and amounts as temporary total disability indemnity would have to be made to the employee, unless the appeals board otherwise orders. However, no payment shall be made at a weekly rate of less than two hundred twenty-four dollars ($224).

(c) Disability indemnity shall not be deducted from the death benefit and shall be paid in addition to the death benefit when the injury resulting in death occurs after September 30, 1949.

(d) All rights under this section existing prior to January 1, 1990, shall be continued in force.

(Amended by Stats. 1994. Ch. 1097, Sec. 18.)