BRIGHT DEVELOPMENT; STATE COMPENSATION INSURANCE FUND, JAMIE WOLDEN (deceased); PATRICIA WOLDEN, individually and as guardian ad litem for DAVID EYLER and ANITA WOLDEN, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJAMIE WOLDEN (deceased); PATRICIA WOLDEN, individually and asguardian ad litem for DAVID EYLER and ANITA WOLDEN, Applicant,vs.BRIGHT DEVELOPMENT; STATE COMPENSATION INSURANCE FUND, Defendant,Case No. ADJ2212690 (RIV 048643)OPINION AND ORDER DENYING PETITION FORRECONSIDERATION Applicant Patricia Wolden, individually and as guardian ad litem for David Eyler and Anita Wolden, seeks reconsideration of the January 9, 2009 Findings and Order of the workers’ compensation administrative law judge (WCJ), who found that the application for death benefits was untimely filed 290 weeks after the date of injury, and ordered that “the dependents shall take nothing by way of death benefits.” Earlier, on March 28, 2005, the WCJ found that the decedent, while working for defendant as a maintenance repairer/mechanic on February 5, 2001, incurred specific industrial injury to his low back, right hip and right leg with radiculopathy causing 100% permanent disability and need for future medical treatment. Applicant contends that 240 week limitation period for commencing proceedings to collect death benefits contained in Labor Code section 5406(c) should be calculated to begin from the date applicant had notice or knowledge that the death was industrially related, or from the date the decedent incurred compensable consequence injury to his psyche.1/// 1Further statutory references are to the Labor Code. , We deny reconsideration and affirm the January 9, 2009 Findings and Order. The 240 week period for commencement of proceedings to collect death benefits that is prescribed in section 5406(c) expired before the decedent’s death, and applicant’s claim for such benefits was properly disallowed by the WCJ. Defendant admitted tha
Jamie Wolden (deceased); Patricia Wolden, Individually And As Guardian Ad Litem For David Eyler And Anita Wolden, vs. Bright Development; State Compensation Insurance Fund,
(RIV 048643)This case involves a claim for death benefits by Patricia Wolden, individually and as guardian ad litem for David Eyler and Anita Wolden, after the death of Jamie Wolden due to an overdose of multiple prescription medications. The Workers' Compensation Appeals Board denied the petition for reconsideration, finding that the 240 week limitation period for commencing proceedings to collect death benefits prescribed in Labor Code section 5406(c) had expired before the decedent's death, and the claim for such benefits was properly disallowed.
- Filed On:
- Court: California, Riverside
- Case No. ADJ2212690
To continue reading ... start a FREE Trial for 10 days
Discover the cases you didn’t know you were missing!
Copyright © 2023 - CompFox Inc.