CompFox AI Summary
This case involves a widow's claim for death benefits after her husband died from an injury that contributed to his death. The Workers' Compensation Appeals Board denied reconsideration, upholding the administrative law judge's finding that the claim was barred by Labor Code section 5406(b). This statute prohibits death benefit claims filed more than 240 weeks from the date of injury. The Board clarified that for a specific injury, the date of injury is fixed and cannot be extended to the date of death, even if death is a consequence of that injury. Therefore, the widow's claim was dismissed because it was filed beyond the 240-week statutory limit.
PATRICK TERRY (Dec'd), WENDY TERRY (Widow) vs. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, STATE COMPENSATION INSURANCE FUND is a workers' compensation case decided in Eureka. This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in Eureka.
Full Decision Text1 Pages
This case involves a widow's claim for death benefits after her husband died from an injury that contributed to his death. The Workers' Compensation Appeals Board denied reconsideration, upholding the administrative law judge's finding that the claim was barred by Labor Code section 5406(b). This statute prohibits death benefit claims filed more than 240 weeks from the "date of injury." The Board clarified that for a specific injury, the date of injury is fixed and cannot be extended to the date of death, even if death is a consequence of that injury. Therefore, the widow's claim was dismissed because it was filed beyond the 240-week statutory limit.
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