Arp v. Workers' Comp. Appeals Bd

In Arp v. Workers' Comp. Appeals Bd. (1977) 19 Cal.3d 395, the California Supreme Court declared unconstitutional the then in effect conclusive presumption of Labor Code section 3501, subdivision (a) that a wife was totally dependent upon her husband. The court invalidated this presumption of dependency and declined to extend the presumption of dependency to the husband upon a wife. The court thus left to widows and widowers alike to prove the extent of their dependency and be compensated in accordance with the facts and circumstances shown. ( Arp, supra, 19 Cal.3d at pp. 409-410.) In Arp, 19 Cal.3d 395, the court said at pages 407-408 that: " Although courts do not lack power to remedy a constitutional defect by literally rewriting statutory language, it is a comparatively drastic alternative, to be invoked sparingly, and only when the result achieved by such a course is more consistent with legislative intent than the result that would attend outright invalidation."