Clark v. Workers' Compensation Appeals Board

Good Law
1991 Cal. App. LEXIS 530·230 Cal. App. 3d 684·281 Cal. Rptr. 485·91 Daily Journal DAR 6202·56 Cal. Comp. Cases 331
Court of Appeal of CaliforniaMay 24, 1991B051429California5,156 words

Opinion

Opinion

Woods, J.

I.

Introduction

We review a decision in which respondent Workers’ Compensation Appeals Board (Board) concluded Shirley Clark’s application for death benefits was barred by the statute of limitations. We agree.

II.

Statement of Facts

On July 15, 1987, John M. Clark filed an application for inter vivos workers’ compensation benefits. The application was signed on July 13, 1987, on Mr. Clark’s behalf by his wife, Shirley Clark. In the application Mr. Clark alleged he sustained industrial injury to his lungs and pulmonary system because of exposure to asbestos during the 1968 to 1974 period of his employment as a stationary engineer by the California Youth Authority.

Mr. Clark died on July 18, 1987. In the death certificate, Mr. Clark’s physician, Dr. Allen Rosen, stated the death was caused by cardiorespiratory arrest, congestive heart failure, and emphysema. The death certificate did not mention asbestos exposure.

On November 2, 1988, Shirley Clark filed an application for death benefits under the same case number as her husband’s application for inter vivos benefits. The employer asserted her application was barred by the statute of limitations.

The autopsy report…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.