CompFox AI Summary
This case involves a death claim filed by Lianjin Chen for her deceased husband, Steven Masuoka. The defendant argued the death claim was untimely filed, violating the one-year statute of limitations under Labor Code § 5406. The Appeals Board granted reconsideration to amend the original timely filed injury claim to conform to proof as a death claim. This amendment is permitted because the defendant treated the claim as a death claim early on, and the applicant's subsequent death claim filing was properly served, despite a clerical error by the WCAB.
Full Decision Text1 Pages
This case involves a death claim filed by Lianjin Chen for her deceased husband, Steven Masuoka. The defendant argued the death claim was untimely filed, violating the one-year statute of limitations under Labor Code § 5406. The Appeals Board granted reconsideration to amend the original timely filed injury claim to conform to proof as a death claim. This amendment is permitted because the defendant treated the claim as a death claim early on, and the applicant's subsequent death claim filing was properly served, despite a clerical error by the WCAB.
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