Limitations of Proceedings
Cal. LAB § 5406.7
California Statutes
(
a) In addition to the timelines established pursuant to
Section 5406, proceedings for the collection of the benefits provided by
Article 4 (commencing with
Section 4700) of
Chapter of Part may be commenced after weeks from the date of injury and no later than weeks from the date of injury, but in no event more than one year after the date of death, if all of the following criteria are met:
(1) The proceedings are brought for the collection of benefits by, or on behalf of, a person who was a dependent on the date of death. The extent of dependency shall be determined in accordance with the facts as they existed at the time of death of the employee.
(2) The injury causing death is one of the following: (
A) An injury as defined in
Section 3212.1 to a person described in
Section 3212.1. (
B) An injury as defined in
Section 3212.6 to a person described in
Section 3212.6. (
C) An injury as defined in
Section 3212.8 to a person described in
Section 3212.8.
(3) The date of injury is during the person’s active service in applicable capacities described in
Section 3212.1, 3212.6, or 3212.8. (
b) This
section does not apply to claims for the collection of benefits pursuant to
Article 4 (commencing with
Section 4700) of
Chapter of Part that have already been adjudicated, or otherwise finalized, or for which the commencement period lapsed on or before December 31, 2014. (
c) No dependency death benefit shall be payable pursuant to proceedings commenced more than weeks from the date of injury unless either no proceedings were commenced within weeks from the date of injury, or, if proceedings were commenced within that period, it has been finally determined that no person is entitled to dependency death benefits pursuant to the proceedings that were commenced within that period.