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SMITH v. WORKERS' COMP. APPEALS BD.

No. A095914.

117 Cal.Rptr.2d 420 (2002)

96 Cal.App.4th 560

Stephen J. SMITH, as Director, etc., Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD and J.R.W. Contemporary, Inc., Respondents.

Court of Appeals of California, First District, Division Five.

February 28, 2002.

Attorney(s) appearing for the Case

John M. Rea, Chief Counsel, Vanessa L. Holton, Assistant Chief Counsel and Claire Ervin Lee, Office of the Director— Legal Unit, Department of Industrial Relations, for Petitioner.

No appearance for Respondent Workers' Compensation Appeals Board.

Martin S. Weinstein, Law Offices of Martin S. Weinstein, Cupertino, and Regina McClellan, Santana & McClellan, for Respondent J.R.W. Contemporary, Inc.

STEVENS, J.

In this opinion, we consider the formula for determining when parents should be considered "partial dependents" of their adult children living at home, for purposes of recovering death benefits. We conclude that the deceased must provide a net financial benefit to the household, deducting first those costs attributable solely to the deceased.

When a worker dies with no dependents, the employer is...

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