CompFox AI Summary
The Workers' Compensation Appeals Board granted reconsideration, reversing a previous decision and finding that the applicant's claim for death benefits was barred by the statute of limitations. The Board determined that the claim was filed more than 240 weeks after the established date of injury, as dictated by Labor Code Section 5406. This decision was based on precedent stating that once an injury date is established inter vivos, a dependent's subsequent knowledge of industrial causation does not create a new date of injury.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted reconsideration, reversing a previous decision and finding that the applicant's claim for death benefits was barred by the statute of limitations. The Board determined that the claim was filed more than 240 weeks after the established date of injury, as dictated by Labor Code Section 5406. This decision was based on precedent stating that once an injury date is established inter vivos, a dependent's subsequent knowledge of industrial causation does not create a new date of injury.
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