Flash Report: Death Benefit To Estate Declared Unconstitutional

In a much anticipated decision, California's Second District Court of Appeal has ruled that it is unconstitutional to award a workers' comp death benefit to the estate of a deceased worker. In the case, Six Flags, Inc. vs. Workers' Compensation Appeals Board, Macbunyanunda, the appellate court says it was unconstitutional to award a $250,000 death benefit to an estate because the California constitution does not identify estates as a beneficiary class entitled to such benefits. The court upheld the right of the Department of Industrial Relations Death Without Dependents Unit to receive $125,000 upon the death of the worker who had no dependents.