ADJ8129185 · March 9, 2022

The WCJ found that death benefits claim in ADJ8129185 was barred by section 5406(b) due to untimely filing, but claims in ADJ11011618 and ADJ11011740 were timely filed within 240 weeks and one year of death, and the WCAB affirmed this finding.

From the decision · page 3The WCJ issued Joint Findings of Fact on October 18, 2020, determining that applicants' claim for death benefits in Case No. ADJ8129185 (injury through December 1, 2011) was barred under Section 5406(b). (Finding of Fact No. 2). The WCJ further found that defendant failed in its burden of proof to establish that benefits were barred under Section 5406(b) in ADJ11011618 (May 4, 2016 injury) and in ADJ11011740 (injury through June 10, 2016). (Finding of Fact No. 5.) In the Opinion on Decision, the WCJ observed that the application for adjudication of claim (death benefits) listed both Case Nos. ADJ11011618 and ADJ11011740, and because both of those cases were within the requisite one year of date of death and 240 weeks from date of injury, the application was timely filed as to those claimed injuries. The WCJ further determined section 5410 would not preclude applicant from seeking death benefits. (Finding of Fact No. 6.)

The September 6, 2019 application for death benefits listed all three case numbers and was accepted as a valid filing for all claims despite procedural irregularities

Favours Applicant prevailed

This established timely filing and notice to defendant, supporting the claims in ADJ11011618 and ADJ11011740

From the decision · page 8Additionally, defendant offers no persuasive argument for prejudice, and we discern none in the record. The September 6, 2019 Application for Death Benefits listed all three inter vivos cases previously filed by applicant. Two of the three cases listed on the September 6, 2019 application for death benefits (ADJ11011618 and ADJ11011740) were pending with respect to claimed inter vivos benefits at the time of the filing, and remain pending currently. Defendant was aware of, and had filed Answers to, the existing inter vivos claims at the time of the filing of the September 6, 2019 application for death benefits. The third case listed on the application for death benefits (ADJ8129185, injury through December 1, 2011) had previously resolved by a stipulated Award on September 8, 2014, with provision for open future medical care.

The claim for death benefits in ADJ8129185 was barred by Labor Code section 5406(b) due to filing beyond 240 weeks from date of injury

Favours Defendant prevailed

This barred the claim in ADJ8129185, resulting in a mixed outcome

From the decision · page 3The WCJ issued Joint Findings of Fact on October 18, 2020, determining that applicants' claim for death benefits in Case No. ADJ8129185 (injury through December 1, 2011) was barred under Section 5406(b). (Finding of Fact No. 2). The WCJ further found that defendant failed in its burden of proof to establish that benefits were barred under Section 5406(b) in ADJ11011618 (May 4, 2016 injury) and in ADJ11011740 (injury through June 10, 2016). (Finding of Fact No. 5.) In the Opinion on Decision, the WCJ observed that the application for adjudication of claim (death benefits) listed both Case Nos. ADJ11011618 and ADJ11011740, and because both of those cases were within the requisite one year of date of death and 240 weeks from date of injury, the application was timely filed as to those claimed injuries. The WCJ further determined section 5410 would not preclude applicant from seeking death benefits. (Finding of Fact No. 6.)

Code of Civil Procedure sections 452, 473, 576; California Supreme Court and appellate case law

Liberal pleading rules and public policy favoring adjudication on the merits over procedural defects

The Board applied these principles to reject defendant's procedural objections to the multi-case application for death benefits and to uphold jurisdiction and timeliness.

From the decision · page 4Turning to defendant's contentions regarding procedurally defective pleadings, we observe that the principles of "liberal pleading" have infused California's statutory landscape for more than 150 years. Enacted in 1872, Code of Civil Procedure section 452 requires that, "[i]n the construction of a pleading, for the purpose of determining its effect, its allegations must be liberally construed, with a view to substantial justice between the parties." Also enacted in 1872, Code of Civil Procedure section 473 provides in pertinent part, "[t]he court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect." (Cal. Code Civ. Proc. § 473(b).) Enacted more "recently" in 1963 is Code of Civil Procedure section 576, which provides that, "[a]ny judge, at any time before or after commencement of trial, in the furtherance of justice, and upon such terms as may be proper, may allow the amendment of any pleading or pretrial conference order." What follows from these statutory pronouncements is more than a century of consistent jurisprudence emphasizing the public policy preference favoring adjudication on the merits, rather than on procedural deficiencies. In 1890, the California Supreme Court opined:

Defendant was not prejudiced by the filing of all three case numbers on one application; defendant had notice of all claims and could prepare evidence accordingly

From the decision · page 8Additionally, defendant offers no persuasive argument for prejudice, and we discern none in the record. The September 6, 2019 Application for Death Benefits listed all three inter vivos cases previously filed by applicant. Two of the three cases listed on the September 6, 2019 application for death benefits (ADJ11011618 and ADJ11011740) were pending with respect to claimed inter vivos benefits at the time of the filing, and remain pending currently. Defendant was aware of, and had filed Answers to, the existing inter vivos claims at the time of the filing of the September 6, 2019 application for death benefits. The third case listed on the application for death benefits (ADJ8129185, injury through December 1, 2011) had previously resolved by a stipulated Award on September 8, 2014, with provision for open future medical care.