Does a police officer contribute to the widow's death allowance by making a contribution to her dependent dependent?

California, United States of America


The following excerpt is from City and County of San Francisco v. Workmen's Compensation Board, 73 Cal.Rptr. 418 (Cal. App. 1968):

3 The so-called "Fraide formula" devised by the court in City of Los Angeles v. Industrial Acc.Com (Fraide), 63 Cal.2d 242, 46 Cal.Rptr. 97, 404 P.2d 801, to cover situations where death allowances result in part from contributions made by the police officer, concededly does not here apply.

4 Since a "dependent" need not be a member of the decedent's immediate household (see 55 Cal.Jur.2d 86, 92), such a construction could result in the tolling of a widow's death allowance until the withheld payments equal a compensation award to a non-family dependent.

5 The full text of Sacramento's charter section 173, subsection (j) (see Lyons v. Hoover,

Page 428

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