Section 21538 Of Article 2. Preretirement Death Benefits From California Government Code >> Division 5. >> Title 2. >> Part 3. >> Chapter 14. >> Article 2.
21538
. The special death benefit is also payable if the deceased
was a state member appointed by the Governor, the Director of
Corrections, or the Board of Prison Terms, if his or her death
occurred as a result of injury or disease arising out of and in the
course of his or her official duties within a state prison or
facility of the Department of Corrections, and if there is a survivor
who qualifies under subdivision (b) of Section 21541. The Workers'
Compensation Appeals Board, using the same procedure as in workers'
compensation hearings, shall in disputed cases determine whether the
death of the member occurred as a result of the injury or disease.
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 or 5811 or any other provision of the Labor Code.