Legal Question in Workers Comp in California

Your sister would only be legally entitled to receive death benefits if your father died because of an industrial accident or disease. Permanent disability benefits end upon death. You would have to petition the WCAB location that granted the death benefits for you to receive any portion and show why you were not included in the original filing that awarded the benefits.

You should ask her how she got the death benefits and would she object to your also getting them [you must have been at least partially dependent on your deceased father]. Look up his file at the Board that issued the decision in her case to see what happened.

You must prove that you were at least a partial dependent at the time of your father's death. Without knowing more facts about your father's death, Eg., how long ago he died, how many other dependents, or partial dependents there were at the time of his death, how old the youngest dependent was at the time of his death, it would be impossible for me to provide you with an answer of any value. Feel free to contact me to discuss Monday afternoon at 1.877.505.INJURY.