Clark v. Workers' Compensation Appeals Board
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.