Bianco

It is claimed that Emile Bianco, an employee of Gladding, McBean & Company, died on June 11,1941, from *586 silicosis contracted in the course of his employment. The respondent commission found that he suffered the “injury” silicosis in April, 1939, and inasmuch as Bianco’s dependent did not file her claim until December 1, 1941, the "claim was barred because not filed within two years after the injury in April, 1939.

The pertinent provisions of law with regard to limitations are as follows:

“The periods within [which] may be commenced proceedings for the collection of the death benefit . . . are as follows:

“ (a) One year from the date of death, and in any event within—■

“ (1) Two years from the date of injury, except as otherwise provided in this section.

“ (2) 240 weeks from the date of injury, where 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,' or proceedings for its collection had been instituted within the time limits set forth in section 5405.

“ (b) Two years from the date of injury, in cases described in section 5405(b).” (Italics added.) (Lab. Code, §…

dissenting. 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 commenced within “two years from the date of injury” or “240 weeks from the date of injury” under the conditions specified. The qualifying phrase “in any event” unquestionably limits the specified time of “one year from the date of death,” and may be defined as synonymous with the expression “under all or any circumstances.” As said in the leading case of Edwards v. Laird, 22 CaLApp. 398 [ 134 P. 365 ], the phrase means “no matter what else may be” or “whatever may happen.”

By stating that “the evident purpose of the statute here involved is to give a right to death benefits,”…

It is claimed that Emile Bianco, an employee of Gladding, McBean & Company, died on June 11, 1941, from silicosis contracted in the course of his employment. The respondent commission found that he suffered the "injury" silicosis in April, 1939, and inasmuch as Bianco's dependent did not file her claim until December 1, 1941, the claim was barred because not filed within two years after the injury in April, 1939.

The pertinent provisions of law with regard to limitations are as follows:

"The periods within [which] may be commenced proceedings for the collection of the death benefit ... are as follows:"

"(a) One year from the date of death, and in any event within--"

"(1) Two years from the date of injury, except as otherwise provided in this section."

"(2) 240 weeks from the date of injury, where 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, or proceedings for its collection had been instituted within the time limits set forth in section 5405."

"(b) Two years from the date of injury, in cases described in section 5405(b)." (Italics added.) (Lab. Code,…