Roblyer v. Workers' Compensation Appeals Board

Opinion

GARGANO, J.

Petitioner is the daughter of Paul R. Roblyer who died as the result of an industrial injury more than 240 weeks from the date of the injury; she challenges the ruling of the Workers’ Compensation Appeals Board (hereafter the Board) denying her claim for a death benefit. The Board denied the claim on the ground that it was not timely, and the dispute revolves around conflicting interpretations of sections 5406 and 5408 of the Labor Code.

Section 5406 reads in pertinent part as follows:

“The period within which may be commenced proceedings for the collection of the [death]…