Massey v. Workers' Compensation Appeals Board

Opinion

BAXTER, J.

In this case, we consider the conditions under which certain time limits on commencing proceedings for workers’ compensation death benefits are suspended in favor of dependent minors by section 5408 of the Labor Code. (All statutory references are to that code unless otherwise indicated.)

Section 4700 et seq. provides for payment of death benefits to persons dependent for support upon an employee who dies as a result of industrial injury. Dependency is generally determined as of the time of injury. (§§ 3501, 3502.) Section 5406 provides that no proceeding to collect such…