California Labor Code 5406.7 – (a) In addition to the timelines established pursuant to Section …
(a) In addition to the timelines established pursuant to Section 5406, proceedings for the collection of the benefits provided by Article 4 (commencing with Section 4700) of Chapter 2 of Part 2 may be commenced after 240 weeks from the date of injury and no later than 420 weeks from the date of injury, but in no event more than one year after the date of death, if all of the following criteria are met:
(1) The proceedings are brought for the collection of benefits by, or on behalf of, a person who was a dependent on the date of death. The extent of dependency shall be determined in accordance with the facts as they existed at the time of death of the employee.
Terms Used In California Labor Code 5406.7
- Dependent: A person dependent for support upon another.
- 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
(2) The injury causing death is one of the following:
(A) An injury as defined in Section 3212.1 to a person described in Section 3212.1.
(B) An injury as defined in Section 3212.6 to a person described in Section 3212.6.
(C) An injury as defined in Section 3212.8 to a person described in Section 3212.8.
(3) The date of injury is during the person’s active service in applicable capacities described in Section 3212.1, 3212.6, or 3212.8.
(b) This section does not apply to claims for the collection of benefits pursuant to Article 4 (commencing with Section 4700) of Chapter 2 of Part 2 that have already been adjudicated, or otherwise finalized, or for which the commencement period lapsed on or before December 31, 2014.
(c) No dependency death benefit shall be payable pursuant to proceedings commenced more than 240 weeks from the date of injury unless either no proceedings were commenced within 240 weeks from the date of injury, or, if proceedings were commenced within that period, it has been finally determined that no person is entitled to dependency death benefits pursuant to the proceedings that were commenced within that period.
(Amended by Stats. 2018, Ch. 734, Sec. 2. (SB 1086) Effective January 1, 2019.)