Ruiz v. Industrial Accident Commission

— This is a proceeding to review the order of the Industrial Accident Commission denying death benefits to petitioner, who is the surviving wife of Joaquin Ruiz. (Lab. Code, §4701.) The denial was based on the ground that the claim was not filed within 240 weeks from the date of injury (Lab. Code, § 5406), even though that period had elapsed before the time of death. The plain language of the statute sustains the commission’s order and petitioner cannot prevail.

Petitioner’s husband was found to have contracted silicosis in the course of his employment; the date of injury was fixed as July 24,…