Section 21537 Of Article 2. Preretirement Death Benefits From California Government Code >> Division 5. >> Title 2. >> Part 3. >> Chapter 14. >> Article 2.
21537
. (a) The special death benefit is payable if the deceased was
a patrol, state peace officer/firefighter, state safety, state
industrial, or local safety member, if his or her death was
industrial and if there is a survivor who qualifies under subdivision
(b) of Section 21541. The Workers' Compensation Appeals Board, using
the same procedures as in workers' compensation hearings, shall in
disputed cases determine whether the death of a member was
industrial.
(b) The jurisdiction of the Workers' Compensation Appeals Board
shall be limited solely to the issue of industrial causation, and
this section shall not be construed to authorize the Workers'
Compensation Appeals Board to award costs against this system
pursuant to Section 4600, 5811, or any other provision of the Labor
Code.
(c) This section does not apply to state safety members described
in Section 20401.5 or local safety members described in Section
20423.6.
(d) (1) For purposes of this section, the special death benefit is
payable as of the effective date of the industrial disability
retirement of the member if the death of the member occurred from a
single event injury arising out of and in the course of his or her
official duties which, based on competent medical opinion, rendered
the member into a persistent vegetative state devoid of cognitive
function at the time of injury until the time of death.
(2) This subdivision applies only to a member who retired and then
died on or after July 3, 2006.