A widow who had won a death benefits case at the WCAB was denied the proceeds of an accidental life insurance policy on her husband because she tried to argue a conflicting theory of death to qualify for the life insurance.
Her husband had died when, after a gambling session at a local casino, he stood up and had a heart attack.
During the WCAB trial for death benefits, it was claimed that the death was work-related and caused by "cumulative occupational stress & strain causing injury to heart & cardiovascular resulting in death on 06/01/98."
Since workers' compensation death benefits only require that exposure at work be "a" contributing factor, the widow was awarded the benefits.
Thereafter, she sought proceeds from the accidental-death provision of her husband's life insurance policy and, when it was denied by the life insurance carrier, sued on the theory that her husband's death was an "accidental result of standing."
The Second District, in this unpublished decision, ruled that this was a classic case of judicial estoppel which prevents the widow from asserting this conflicting theory after recovering under a different theory at the WCAB.
The case is Evans v. Mutual of Omaha.
To read the decision,
PLEASE CLICK HERE.
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