Under LC 4702, in the case of minor children, payment of death benefits should continue until which event?

• A. The youngest child turns 18 or until the death of a child physically or mentally incapacitated from earning
• B. The youngest child turns 25
• C. The parent remarries
• D. The child graduates from college

Answer: (A)

Under California law for workers’ compensation death benefits, the amount and duration are tied to the dependents’ situation. For minor children, those payments continue until the youngest child reaches 18, or, if there is a child who is physically or mentally incapacitated from earning a living, the benefits continue for that incapacitated child’s lifetime (effectively until that child dies). This structure protects dependent children as they grow up, while also recognizing ongoing needs if a child cannot become self-supporting. Therefore, the event that ends the payments is either the youngest child turning 18 or the death of a child who is incapacitated from earning. Events like a parent remarrying or a child graduating from college do not trigger termination under this rule.