Surviving Parents of a Deceased Worker Are Not Presumed to Be Dependent: California Workers' Comp

Chapter 15, Death Benefits of Nolo's California Workers' Comp discusses which relatives are presumed to be financial dependents of a deceased worker, and thus entitled to a worker' comp death benefit. The text in Section A states that parents of a deceased worker are presumed to be dependents if there is no surviving child or spouse. However, this section (Labor Code 3501(c)) has been repealed. The following paragraph should be deleted from the text.

• Parent or parents. For employees injured in 2003 or later who do not have a partially or totally dependent spouse or partially or totally dependent children, any surviving parents are conclusively presumed to be total dependents. (LC § 3501(c).)

Instead, Labor Code Section 3502 and 3503 would be used to decide whether a parent was a dependent:

LC 3502. ...[Q]uestions of entire or partial dependency and questions as to who are dependents and the extent of their dependency shall be determined in accordance with the facts as they exist at the time of the injury of the employee.

LC 3503. No person is a dependent of any deceased employee unless in good faith a member of the family or household of the employee, or unless the person bears to the employee the relation of husband or wife, child, posthumous child, adopted child or stepchild, grandchild, father or mother, father-in-law or mother-in-law, grandfather or grandmother, brother or sister, uncle or aunt, brother-in-law or sister-in-law, nephew or niece.

We apologize for any inconvenience this may have caused.