ADJ11035143 · January 27, 2026

The WCJ found the date of injury under section 5412 was December 29, 2012, and that the claim for death benefits filed on August 21, 2017 was untimely because it was filed more than 240 weeks from the date of injury, consistent with section 5406(b). The Board affirmed this finding, rejecting the applicant's argument that the date of injury was May 15, 2015.

From the decision · page 1Applicant seeks reconsideration of the March 3, 2022 Order Rescinding Findings of Fact, Award, Orders and Opinion on Decision and Amended Findings of Fact, Award, Orders and Opinion on Decision (F&A), wherein the presiding workers' compensation administrative law judge (WCJ) found that in Case No. ADJ7555655,1 applicant while employed as a Correctional Officer during the cumulative injury period ending November 23, 2010, sustained industrial injury to his bilateral knees and in the form of coronary artery disease, hypertensive cardiovascular disease, and tinnitus. The WCJ further found in Case No. ADJ11035143 that applicant, while employed as a Correctional Officer during the period ending December 29, 2012, sustained cumulative injury in the form of coronary artery disease and hypertensive cardiovascular disease. The WCJ found in relevant part that the claim for death benefits in ADJ11035143 was untimely because it was filed more than 240 weeks from the date of injury.

Applicant had knowledge of the industrial nature of decedent's heart condition and disability by December 29, 2012, the decedent's last day worked and date of disability.

Favours Defendant prevailed

This fact establishes the date of injury under section 5412 and triggers the 240-week filing deadline under section 5406, making the death benefits claim untimely.

From the decision · page 7In the applicant's deposition on November 16, 2017 (exhibit K-selected pages). The witness was asked if she was concerned that her husband's heart condition had gotten worse since November 1, 1999 and she responded that she was. It was clarified that this was realization came between September 24 and September 27 of 2010 following treatment in the hospital emergency department. The witness then testified that she helped the decedent fill out the paperwork for the second workers' compensation claim he filed. This is believed to be the basis of the November 23, 2010 application. Therefore, the applicant (the applicant) had knowledge that the applicant [had lost work] and believed there was an industrial component satisfying the requirements of Labor Code § 5412 as of November 23, 2010. Additionally, in the applicant's deposition on November 16, 2017 (exhibit K-selected pages), [t]he applicant testified that she was helping her husband fill out the paperwork for his retirement.

Decedent's cardiac condition worsened over time due to occupational stresses; he should have been medically retired earlier and not returned to work as a correctional officer after disability onset on December 29, 2012.

Supports finding that the date of injury was December 29, 2012, the date of disability and knowledge of industrial nature of injury.

From the decision · page 3On November 11, 2011, QME Dr. Anderson evaluated decedent and noted a prior history of heart trouble. Dr. Anderson wrote, "[t]here is no doubt that his condition is worse now than it was in 1999. This is again because he has continued to work as a correctional officer and because there is a natural progression of coronary artery disease with time. It is not possible to accurately apportion part to the natural progression and part to continuing occupational stresses... the applicant should be doing something else at this time besides working as a correctional officer in a high-risk prison setting." (Id. at p. 2.)

Found industrial contribution to decedent's death by cardiac arrest and that cumulative trauma through December 29, 2012 contributed to heart trouble.

Supports the finding of cumulative injury ending December 29, 2012, relevant to timeliness of death benefits claim.

From the decision · page 4On October 24, 2019, internal medicine QME Roger Nacouzi, M.D., issued a medical- legal report finding industrial contribution to decedent's death by cardiac arrest. Dr. Nacouzi further addressed, in relevant part, the issue of disability as follows:

Labor Code section 5406

An application for death benefits must be filed within 240 weeks from the date of injury and within one year of the date of death under Labor Code section 5406.

The Board applied section 5406 to determine that the claim was untimely because it was filed more than 240 weeks after the date of injury.

From the decision · page 5The allowable period for the commencement of proceedings to collect death benefits (Lab. Code, § 4700 et seq.) is set forth in section 5406, which states:

Labor Code section 5412

The date of injury under Labor Code section 5412 is the date when the applicant first suffers disability and has knowledge of the industrial nature of the injury.

The Board found the date of injury was December 29, 2012, based on applicant's knowledge and disability coinciding on that date.

From the decision · page 5The WCJ's Report observes that for purposes of the 240-week limitation of section 5406, the appropriate inquiry under section 5412 concerns the applicant's knowledge of the industrial nature of the injury, rather than decedent's knowledge. Following a review of the evidentiary record, the WCJ concludes that the existence of industrial disability and applicant's knowledge that such disability was work-related both coincided in 2012. Accordingly, the WCJ recommends we deny the Petition.

Labor Code section 3202

Statutes related to workers' compensation must be liberally construed in favor of the injured worker under Labor Code section 3202.

Applicant argued for liberal construction of section 5406 under section 3202, but the Board rejected this argument.

From the decision · page 2Applicant contends that the date of injury under Labor Code2 section 5412 was no earlier than May 15, 2015, thus rendering the application for death benefits timely. Applicant further contends that the WCJ's interpretation of section 5406 conflicts with the liberal construction requirement of section 3202 and that a reasonable interpretation of the statute renders applicant's claim timely.

Applicant's unrebutted trial testimony that she knew her husband's heart was being hurt at work when filling out retirement paperwork.

From the decision · page 7In the applicant's deposition on November 16, 2017 (exhibit K-selected pages). The witness was asked if she was concerned that her husband's heart condition had gotten worse since November 1, 1999 and she responded that she was. It was clarified that this was realization came between September 24 and September 27 of 2010 following treatment in the hospital emergency department. The witness then testified that she helped the decedent fill out the paperwork for the second workers' compensation claim he filed. This is believed to be the basis of the November 23, 2010 application. Therefore, the applicant (the applicant) had knowledge that the applicant [had lost work] and believed there was an industrial component satisfying the requirements of Labor Code § 5412 as of November 23, 2010. Additionally, in the applicant's deposition on November 16, 2017 (exhibit K-selected pages), [t]he applicant testified that she was helping her husband fill out the paperwork for his retirement.