Home/Case Law/Paula Gonzales vs. K-MART CORPORATION, SEDGWICK CLAIMS MANAGEMENT SERVICES
Regular DecisionRegular Panel Decision

Paula Gonzales vs. K-MART CORPORATION, SEDGWICK CLAIMS MANAGEMENT SERVICES

Filed: Nov 09, 2007
San Francisco
VNO 0389726

CompFox AI Summary

The Workers' Compensation Appeals Board affirmed the administrative law judge's decision barring a minor's claim for death benefits. The claim was filed outside the statutory one-year limit from the date of death and the 240-week period from the injury date, despite tolling provisions for minors. The Board found that preliminary letters and a request to amend a prior application did not constitute a formal application for death benefits, and therefore, the claim was untimely.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board affirmed the administrative law judge's decision barring a minor's claim for death benefits. The claim was filed outside the statutory one-year limit from the date of death and the 240-week period from the injury date, despite tolling provisions for minors. The Board found that preliminary letters and a request to amend a prior application did not constitute a formal application for death benefits, and therefore, the claim was untimely.

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