SIX FLAGS, INC. et al., Petitioners,
v.
WORKERS' COMPENSATION APPEALS BOARD, Mac Bunyanunda, as Administrator, etc., et al., Respondents.
Court of Appeal of California, Second District, Division Three.https://leagle.com/images/logo.png
November 27, 2006.
November 27, 2006.
Attorney(s) appearing for the Case
Pearlman, Borska and Wax and Neil D. Schwartz, Encino, for Petitioners.
Milam & Larsen and Paul A. Larsen, Pasadena, for Republic Indemnity Company of America as Amicus Curiae on behalf of Petitioners.
Sedgwick, Detert, Moran & Arnold, Christina J. Imre and Michael M. Walsh, Los Angeles, for Zenith Insurance Company and Association of California Insurance Companies as Amici Curiae on behalf of Petitioners.
Finnegan, Marks, Hampton & Theofel and Ellen Sims Langille, San Francisco, for California Workers' Compensation Institute as Amicus Curiae on behalf of Petitioners.
No appearance for Respondent Workers' Compensation Appeals Board.
Law Office of William J. Toppi and William J. Toppi for Respondent Mac Bunyanunda, as Administrator of the Estate of Bantita Rackchamroon.
Vanessa L. Holton, Chief Counsel, Steven A. McGinty, Assistant Chief Counsel, and Christine L. Harwell, Staff Counsel, for Respondent State of California Department of Industrial Relations, Death Without Dependents Unit.
Court of Appeal of California, Second District, Division Three.
KITCHING, J.
INTRODUCTION
Labor Code section 4702, subdivision (a)(6)(B),1 provides that when a worker without dependents suffers fatal injury during the course and scope of employment, the employer must pay $250,000 to the deceased worker's estate as a worker's compensation death benefit. In this writ proceeding, we hold that section 4702, subdivision (a)(6)(B), is unconstitutional because the constitutional enabling...
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