Bianco v. Industrial Accident Commission

Contrary to the conclusions of my associates, I plainly see in section 5406 of the Labor Code a legislative intention to fix two years from the date of an injury as the maximum time within which a claim for a death benefit may be filed unless “the injury causing death also caused disability which continued to the date of death and for which a disability payment has been made, or agreed to be made.” By its terms the section provides that “proceedings for the collection of the death benefit” may be commenced within “one year from the date of death” except, “in any event,” the proceedings may be…