(DOWNLOAD) "Sumner v. Workers Compensation Appeals Board" by Supreme Court Of California " eBook PDF Kindle ePub Free
eBook details
- Title: Sumner v. Workers Compensation Appeals Board
- Author : Supreme Court Of California
- Release Date : January 02, 1983
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 76 KB
Description
In Johnson v. Workmens Comp. App. Bd. (1970) 2 Cal. 3d 964 [88 Cal. Rptr. 202, 471 P.2d 1002], we reviewed an order of the then Workmens Compensation Appeals Board (WCAB) dismissing a widows application for death benefits on the ground that her husband entered into a compromise and release of all claims, including those of his dependents. In an opinion by Justice Tobriner we held, contrary to the widows contentions, that Labor Code section 5000, subdivision (b), authorizes an employee to release claims of his dependents; that the statute as so construed did not deprive the widow of due process of law or the equal protection of the laws; and that the widow was not entitled to a hearing to determine whether her husband, in executing the release, intended to release claims of his dependents. We stated, however, "We think the board can, and should, devise a form for compromise and release of disability claims which (1) notifies the applicant of the consequences of the release in clear and non-technical language, and (2) does not compel the release of death benefits when the parties and the referee lack sufficient information to weigh the desirability of releasing these benefits and the adequacy of the compensatory consideration." (2 Cal. 3d at p. 974.)
 "Sumner v. Workers Compensation Appeals Board" by Supreme Court Of California " eBook PDF Kindle ePub Free){kind=link}