Widow Awarded $70,000 in Bruce Wayne’s Death

The widow of airborne traffic reporter Bruce Wayne won a $70,000 worker’s compensation judgment Thursday against Cox Broadcasting Co. and, according to her attorney, set a precedent that may affect other well-known radio personalities ostensibly employed as private contractors.

Wayne, who reported freeway conditions for the Cox-owned KFI radio station, was killed on the job June 6, 1986, when his plane crashed after takeoff at Fullerton Municipal Airport.

The radio station maintained that it should not be required to pay worker’s compensation benefits because Wayne, like other radio celebrities, had signed an agreement to work as an independent contractor, said Fred Kumetz, attorney for Wayne’s widow, Lois.

“The law says you can’t set up a sham contract to avoid paying worker compensation benefits or to avoid paying taxes,” Kumetz said. “That’s what the contract was. It was a sham.”

In ruling in favor of Lois Wayne, worker’s compensation Judge Mark Kahn also found that there was no evidence to show intoxication played a role in the fatality, Kumetz said.

Cox Broadcasting claimed “that Bruce was intoxicated at the time of the crash and based on the intoxication he shouldn’t recover anything,” Kumetz said. “I think he had a couple of glasses of wine for dinner the night before.”

A report by the National Transportation Safety Board last October found that Wayne had an illegal level of alcohol in his blood when he crashed and died instantly the morning of June 4, 1986, moments after his Cessna Cardinal took off from Fullerton Municipal Airport. A two-year safety board investigation, however, was unable to determine the cause of the crash.

The radio station’s attorney, Sumner Spielman, was on vacation Thursday and could not be reached for comment. Officials at KFI did not return calls from The Times.

The ruling will have “a significant impact because any of the employees who have injuries can come back and claim worker comp for those injuries because they . . . are not independent contractors,” Kumetz said.

Many well-known radio celebrities are employed under similar “independent contractor” agreements, Kumetz said.

“Companies are saving millions of dollars in worker comp premiums,” he said. “This (ruling) is a first for California and for the nation regarding radio personalities.

“It voids all of the contracts of radio personalities that work full time for stations.”

Lois Wayne said Thursday that Cox had offered her $5,000 to settle the case before trial.

“She will probably receive $70,000 in worker comp death benefits, plus burial expenses of about $1,500,” Kumetz said.