Section 5406.7 Of Chapter 2. Limitations Of Proceedings From California Labor Code >> Division 4. >> Part 4. >> Chapter 2.
5406.7
. (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 2 of Part 2
may be commenced after 240 weeks from the date of injury and no later
than 420 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 2 of Part 2 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 240 weeks from the date of injury
unless either no proceedings were commenced within 240 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.
(d) This section shall remain in effect only until January 1,
2019, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2019, deletes or extends
that date.