Stanley, Thomas

Thomas Stanley, a police sergeant at Atascadero State Hospital, died on December 31, 2021 from a COVID-19 infection affecting his heart and lungs. The decedent's wife elected to receive the CalPERS special death benefit, while the WCJ found good cause under Labor Code section 4704 to award $290,000 in death benefits to the decedent's two dependent children ($145,000 each), less 15% attorney's fees. The defendant sought reconsideration, arguing no financial hardship was shown, that a credit should be taken for the wife's special death benefit, and that the benefit amount was miscalculated. The WCAB panel adopted and incorporated the WCJ's Report and Opinion on Decision, holding that good cause existed under section 4704 and that no credit for the wife's special death benefit was permissible. The Petition for Reconsideration was denied.