2005 California Labor Code Sections 4700-4709 Article 4. Death Benefits

4700.  The death of an injured employee does not affect the
liability of the employer under Articles 2 (commencing with Section
4600) and 3 (commencing with Section 4650).  Neither temporary nor
permanent disability payments shall be made for any period of time
subsequent to the death of the employee.  Any accrued and unpaid
compensation shall be paid to the dependents, or, if there are no
dependents, to the personal representative of the deceased employee
or heirs or other persons entitled thereto, without administration.
4701.  When an injury causes death, either with or without
disability, the employer shall be liable, in addition to any other
benefits provided by this division, for all of the following:
   (a) Reasonable expenses of the employee's burial, not exceeding
two thousand dollars ($2,000) and for injuries occurring on and after
January 1, 1991, not exceeding five thousand dollars ($5,000).
   (b) A death benefit, to be allowed to the dependents when the
employee leaves any person dependent upon him or her for support.
4702.  (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, for injuries occurring before January
1, 1991, ninety-five thousand dollars ($95,000), for injuries
occurring on or 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), for injuries
occurring on or after July 1, 1996, one hundred forty-five thousand
dollars ($145,000), and for injuries occurring on or after January 1,
2006, two hundred ninety thousand dollars ($290,000).
   (2) In the case of one total dependent and one or more partial
dependents, for injuries occurring before January 1, 1991, seventy
thousand dollars ($70,000), for injuries occurring on or 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), for injuries occurring on or after July 1, 1996,
one hundred twenty-five thousand dollars ($125,000), and for injuries
occurring on or after January 1, 2006, two hundred fifty thousand
dollars ($250,000), plus four times the amount annually devoted to
the support of the partial dependents, but not more than the
following:  for injuries occurring before January 1, 1991, a total of
ninety-five thousand dollars ($95,000), for injuries occurring on or
after January 1, 1991, one hundred fifteen thousand dollars
($115,000), for injuries occurring on or after July 1, 1994, one
hundred twenty-five thousand dollars ($125,000), for injuries
occurring on or after July 1, 1996, one hundred forty-five thousand
dollars ($145,000), and for injuries occurring on or after January 1,
2006, two hundred ninety thousand dollars ($290,000).
   (3) In the case of one total dependent and no partial dependents,
for injuries occurring before January 1, 1991, seventy thousand
dollars ($70,000), for injuries occurring on or 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), for injuries occurring on or after July 1, 1996, one
hundred twenty-five thousand dollars ($125,000), and for injuries
occurring on or after January 1, 2006, two hundred fifty thousand
dollars ($250,000).
   (4) (A) In the case of no total dependents and one or more partial
dependents, for injuries occurring before January 1, 1991, 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 or 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, but before
January 1, 2006, one hundred twenty-five thousand dollars ($125,000).
   (B) In the case of no total dependents and one or more partial
dependents, eight times the amount annually devoted to the support of
the partial dependents, for injuries occurring on or after January
1, 2006, but not more than two hundred fifty thousand dollars
($250,000).
   (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 or after July 1, 1994,
one hundred sixty thousand dollars ($160,000), for injuries occurring
on or after July 1, 1996, and three hundred twenty thousand dollars
($320,000), for injuries occurring on or after January 1, 2006.
   (6) (A) In the case of a police officer who has no total
dependents and no partial dependents, for injuries occurring on or
after January 1, 2003, and prior to January 1, 2004, two hundred
fifty thousand dollars ($250,000) to the estate of the deceased
police officer.
   (B) For injuries occurring on or after January 1, 2004, in the
case of no total dependents and no partial dependents, two hundred
fifty thousand dollars ($250,000) to the estate of the deceased
employee.
   (b) A 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.
4703.  Subject to the provisions of Section 4704, this section shall
determine the right to a death benefit.
   If there is any person wholly dependent for support upon a
deceased employee, that person shall receive a full death benefit as
set forth in Section 4702 for one total dependent, and any additional
partial dependents shall receive a death benefit as set forth in
subdivision (b) of Section 4702 to a maximum aggregate amount of
twenty-five thousand dollars ($25,000).
   If there are two or more persons wholly dependent for support upon
a deceased employee, those persons shall receive the death benefit
set forth in subdivision (a) of Section 4702, and any person
partially dependent shall receive no part thereof.
   If there is more than one person wholly dependent for support upon
a deceased employee, the death benefit shall be divided equally
among them.
   If there is more than one person partially dependent for support
upon a deceased employee, and no person wholly dependent for support,
the amount allowed as a death benefit shall be divided among the
persons so partially dependent in proportion to the relative extent
of their dependency.
4703.5.  In the case of one or more totally dependent minor
children, as defined in Section 3501, after payment of the amount
specified in Section 4702, and notwithstanding the maximum
limitations specified in Sections 4702 and 4703, payment of death
benefits shall  continue until the youngest child attains age 18, or
until the death of a child physically or mentally incapacitated from
earning, in the same manner and amount as temporary total disability
indemnity would have been paid to the employee, except that no
payment shall be made at a weekly rate of less than two hundred
twenty-four dollars ($224).
4703.6.  The provisions of Section 4703.5 shall also apply to a
totally dependent minor child of a local safety member as defined in
Article 4 (commencing with Section 20420) of Chapter 4 of Part 3 of
Division 5 of Title 2 of the Government Code, or a safety member as
defined in Section 31469.3 of the Government Code, other than a
member performing duties related to juvenile hall group counseling
and group supervision, or a safety member subject to any public
retirement system, or a patrol member as defined in Section 20390 of
the Government Code, if that member was killed in the line of duty
prior to January 1, 1990, and the totally dependent minor child is
otherwise entitled to benefits under Section 4703.5.
4704.  The appeals board may set apart or reassign the death benefit
to any one or more of the dependents in accordance with their
respective needs and in a just and equitable manner, and may order
payment to a dependent subsequent in right, or not otherwise entitled
thereto, upon good cause being shown therefor.  The death benefit
shall be paid to such one or more of the dependents of the deceased
or to a trustee appointed by the appeals board for the benefit of the
person entitled thereto, as determined by the appeals board.
4705.  The person to whom the death benefit is paid for the use of
the several beneficiaries shall apply it in compliance with the
findings and directions of the appeals board.
4706.  (a) If a dependent beneficiary of any deceased employee dies
and there is no surviving dependent, the payments of the death
benefit accrued and payable at the time of the death of the sole
remaining dependent shall be paid upon the order of the appeals board
to the heirs of the dependent or, if none, to the heirs of the
deceased employee, without administration.
   (b) In the event there is no surviving dependent and no surviving
heir, the appeals board may order the burial expense of the deceased
employee, not to exceed the amount specified in Section 4701, paid to
the proper person, without administration.
4706.5.  (a) Whenever any fatal injury is suffered by an employee
under circumstances that would entitle the employee to compensation
benefits, but for his or her death, and the employee does not leave
surviving any person entitled to a dependency death benefit, the
employer shall pay a sum to the Department of Industrial Relations
equal to the total dependency death benefit that would be payable to
a surviving spouse with no dependent minor children.
   (b) When the deceased employee leaves no surviving dependent,
personal representative, heir, or other person entitled to the
accrued and unpaid compensation referred to in Section 4700, the
accrued and unpaid compensation shall be paid by the employer to the
Department of Industrial Relations.
   (c) The payments to be made to the Department of Industrial
Relations, as required by subdivisions (a) and (b), shall be
deposited in the General Fund and shall be credited, as a
reimbursement, to any appropriation to the Department of Industrial
Relations for payment of the additional compensation for subsequent
injury provided in Article 5 (commencing with Section 4751), in the
fiscal year in which the Controller's receipt is issued.
   (d) The payments to be made to the Department of Industrial
Relations, as required by subdivision (a), shall be paid to the
department in a lump sum in the manner provided in subdivision (b) of
Section 5101.
   (e) The Department of Industrial Relations shall keep a record of
all payments due the state under this section, and shall take any
steps as may be necessary to collect those amounts.
   (f) Each employer, or the employer's insurance carrier, shall
notify the administrative director, in any form as the administrative
director may prescribe, of each employee death, except when the
employer has actual knowledge or notice that the deceased employee
left a surviving dependent.
   (g) When, after a reasonable search, the employer concludes that
the deceased employee left no one surviving who is entitled to a
dependency death benefit, and concludes that the death was under
circumstances that would entitle the employee to compensation
benefits, the employer may voluntarily make the payment referred to
in subdivision (a).  Payments so made shall be construed as payments
made pursuant to an appeals board findings and award.  Thereafter, if
the appeals board finds that the deceased employee did in fact leave
a person surviving who is entitled to a dependency death benefit,
upon that finding, all payments referred to in subdivision (a) that
have been made shall be forthwith returned to the employer, or if
insured, to the employer's workers' compensation carrier that
indemnified the employer for the loss.
4707.  (a) Except as provided in subdivision (b), no benefits,
except reasonable expenses of burial not exceeding one thousand
dollars ($1,000), shall be awarded under this division on account of
the death of an employee who is an active member of the Public
Employees' Retirement System unless it is determined that a special
death benefit, as defined in the Public Employees' Retirement Law, or
the benefit provided in lieu of the special death benefit in
Sections 21547 and 21548 of the Government Code, will not be paid by
the Public Employees' Retirement System to the surviving spouse or
children under 18 years of age, of the deceased, on account of the
death, but if the total death allowance paid to the surviving spouse
and children is less than the benefit otherwise payable under this
division the surviving spouse and children are entitled, under this
division, to the difference.
   The amendments to this section during the 1977-78 Regular Session
shall be applied retroactively to July 1, 1976.
   (b) The limitation prescribed by subdivision (a) shall not apply
to local safety members, or patrol members, as defined in Section
20390 of the Government Code, of the Public Employees' Retirement
System.  This subdivision shall be applied retroactively.
4708.  Upon application of any party in interest for a death benefit
provided by this division on the death of an employee member of the
Public Employees' Retirement System, the latter shall be joined as a
defendant, and the appeals board shall determine whether the death
resulted from injury or illness arising out of and in the course of
his employment, for the purpose of enabling the appeals board to
apply the provision of this division and the board of administration
to apply the provisions of the Public Employees' Retirement Law.
4709.  (a) Notwithstanding any other provisions of law, a dependent
of a peace officer, as defined in Section 830.1, 830.2, 830.3,
830.31, 830.32, 830.33, 830.34, 830.35, 830.36, 830.37, 830.38,
830.39, 830.4, 830.5, or 830.6 of the Penal Code, who is killed in
the performance of duty or who dies or is totally disabled as a
result of an accident or an injury caused by external violence or
physical force, incurred in the performance of duty, when the death,
accident, or injury is compensable under this division or Division
4.5 (commencing with Section 6100) shall be entitled to a scholarship
at any institution described in subdivision (l) of Section 69535 of
the Education Code.  The scholarship shall be in an amount equal to
the amount provided a student who has been awarded a Cal Grant
scholarship as specified in Article 3 (commencing with Section 69530)
of Chapter 2 of Part 42 of the Education Code.
   (b) A dependent of an officer or employee of the Department of
Corrections or the Department of the Youth Authority described in
Section 20017.77 of the Government Code who is killed in the
performance of duty, or who dies or is totally disabled as a result
of an accident or an injury incurred in the performance of duty, when
the death, accident, or injury is caused by the direct action of an
inmate, and is compensable under this division or Division 4.5
(commencing with Section 6100), shall also be entitled to a
scholarship specified in this section.
   (c) Notwithstanding any other provisions of law, a dependent of a
firefighter employed by a county, city, city and county, district, or
other political subdivision of the state, who is killed in the
performance of duty or who dies or is totally disabled as a result of
an accident or injury incurred in the performance of duty, when the
death, accident, or injury is compensable under this division or
Division 4.5 (commencing with Section 6100), shall also be entitled
to a scholarship specified in this section.
   (d) Nothing in this section shall be interpreted to allow the
admittance of the dependent into a college or university unless the
dependent is otherwise qualified to gain admittance to the college or
university.
   (e) The scholarship provided for by this section shall be paid out
of funds annually appropriated in the Budget Act to the Student Aid
Commission established by Article 2 (commencing with Section 69510)
of Chapter 2 of Part 42 of the Education Code.
   (f) The receipt of a scholarship provided for by this section
shall not preclude a dependent from receiving a Cal Grant award
pursuant to Article 3 (commencing with Section 69530) of Chapter 2 of
Part 42 of the Education Code, any other grant, or any fee waivers
that may be provided by an institution of higher education.  The
receipt of a Cal Grant award pursuant to Article 3 (commencing with
Section 69530) of Chapter 2 of Part 42 of the Education Code, any
other grant, or any fee waivers that may be provided by an
institution of higher education shall not preclude a dependent from
receiving a scholarship provided for by this section.
   (g) The amendments made to this section during the 1995 portion of
the 1995-96 Regular Session shall apply to a student receiving a
scholarship on the effective date of the amendments unless that
application would result in the student receiving a scholarship on
less favorable terms or in a lesser amount, in which case the student
shall continue to receive the scholarship on the same terms and
conditions in effect prior to the effective date of the amendments.
   (h) As used in this section, "dependent" means the children
(natural or adopted) or spouse, at the time of the death or injury,
of the peace officer, law enforcement officer, or firefighter.
   (i) Eligibility for a scholarship under this section shall be
limited to a person who demonstrates financial need as determined by
the Student Aid Commission pursuant to Article 1.5 (commencing with
Section 69503) of Chapter 2 of Part 42 of the Education Code.  For
purposes of determining financial need, the proceeds of death
benefits received by the dependent, including, but not limited to, a
continuation of income received from the Public Employees' Retirement
System, the proceeds from the federal Public Safety Officers'
Benefits Act, life insurance policies, proceeds from Sections 4702
and 4703.5, any private scholarship where receipt is predicated upon
the recipient being the survivor of a deceased public safety officer,
the scholarship awarded pursuant to Section 68120 of the Education
Code, and any interest received from these benefits, shall not be
considered.