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3870 Under the Labor Code a workers' compensation insurer that has been required to pay benefits to a deceased employee's former wife who was still his dependent is entitled to recover the benefits paid by suing third parties allegedly responsible for the employee's death, even though the recipient of the benefits would not be entitled to maintain a wrongful death action.CitationFREMONT v SIERRA PINE (Ex-wife's Benefits) 121 CA4 389 [See: LabC 3852, 3851; Dep't of Ind Rel v WCAB 94 CA3 72; Gapusan v Jay 66 Cal.App.4th 734, T/AT 10/98]
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