Partial dependents scenario: what do partial dependents receive when there are three wholly dependent for support on a deceased employee and there are additional partial dependents?

• A. Four times the amount annually devoted to the support of the partial dependents
• B. Nothing
• C. Four times the amount annually devoted to the support of the partial dependents, but not more than $25,000
• D. Four times the amount annually devoted to the support of the partial dependents, but not more than $70,000

Answer: (B)

In California workers’ compensation death benefits, those who are wholly dependent on the decedent have priority for the death benefit. If there are three or more wholly dependent for support, the entire death benefit is allocated among them, leaving no portion available for partial dependents. Because there is no remaining support to distribute to partial dependents in this scenario, they receive nothing. The multiplier and cap language only apply if there is any amount left to distribute to partial dependents, which isn’t the case here.