Except as provided by sections 5402 and 5403, no claim to recover compensation under this division shall be maintained unless within thirty days after the occurrence of the injury which is claimed to have caused the disability or death, there is served upon the employer notice in writing, signed by the person injured or someone in his behalf, or in case of the death of the person injured, by a dependent or someone in the dependent’s behalf.

(Enacted by Stats. 1937, Ch. 90.)

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Terms Used In California Labor Code 5400

  • Dependent: A person dependent for support upon another.
  • employer: means :

    California Labor Code 3300

  • injury: as used in this division , includes cancer, including leukemia, that develops or manifests itself during a period in which any member described in subdivision (a) is in the service of the department or unit, if the member demonstrates that he or she was exposed, while in the service of the department or unit, to a known carcinogen as defined by the International Agency for Research on Cancer, or as defined by the director. See California Labor Code 3212.1
  • Person: means any person, association, organization, partnership, business trust, limited liability company, or corporation. See California Labor Code 18