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eBook details

• Title: Arp v. Workers' Compensation Appeals Board
• Author : Supreme Court Of California
• Release Date : January 05, 1977
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 78 KB

Description

[19 Cal3d Page 398] We review a decision of the Workers' Compensation Appeals Board (board) which denied to Chris P. Arp, a widower (hereinafter petitioner), the benefit of the conclusive presumption of total dependency afforded to widows by Labor Code section 3501, subdivision (a) (All statutory references are to that code unless otherwise indicated.) Section 3501 provides in pertinent part: ""The following shall be conclusively presumed to be wholly dependent for support upon a deceased employee: [ para. ] (a) A wife upon a husband with whom she was living at the time of his injury, or for whose support such husband was legally liable at the time of his injury."" Section 3502 (with exceptions not relevant here) requires that all other persons, including widowers such as petitioner, establish their entitlement to death benefits by proving the fact and extent of their dependency upon the deceased employee.

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