As the Legislature printed it
DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] · PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] · CHAPTER 2. Limitations of Proceedings [5400 - 5413]
How panels applied this section
Newest released decisions whose legal-standard extraction named this section. Each quotes the passage and links to the official PDF. Unofficial guide — not legal advice.
- ADJ11035143 · 2026-01-27 · Salinas District Office§ 5406
Determinative passage · p.5The allowable period for the commencement of proceedings to collect death benefits (Lab. Code, § 4700 et seq.) is set forth in section 5406, which states:
The Board applied section 5406 to determine that the claim was untimely because it was filed more than 240 weeks after the date of injury.
Official decision · page 5 → - ADJ12910087 · 2025-09-02 · Oakland District Office§ 5406
Determinative passage · p.4(b) Proceedings shall not be commenced more than one year after the date of death, nor more than 240 weeks from the date of injury.
Death claim must be filed within one year of death and within 240 weeks of date of injury; date of injury for cumulative injury is date applicant knew or should have known injury contributed to death per Berkebile.
Official decision · page 4 → - ADJ10349312 · 2022-02-17 · Long Beach District Office§ 5406
Determinative passage · p.4We also acknowledge and defer to the holding in Ruiz that the 240-week time limitation is "not a normal statute of limitations, but rather...a qualifying condition in the exercise of any right to death benefits." (Ruiz, supra, 45 Cal.2d at p. 414; accord, Massey, supra, 5 Cal.4th at p. 680.)4 However, there is no contradiction between this holding in Ruiz and the holding in Berkebile that a section 5412 "date of injury"5 is determined by reference to the death claim applicant's knowledge, and not to the decedent injured workers' knowledge. (See Berkebile, supra, 144 Cal.App.3d at 945.) Section 5406, subdivision (b), states that death claim proceedings "shall not be commenced more than one year after the date of death, nor more than 240 weeks from the date of injury." (Lab. Code, § 5406(b), emphasis added.)6 Therefore, the calculation of when the 240 weeks runs depends on the date of injury. Thus, the Court in Berkebile did not unlawfully extend the qualifying condition in section 5406, subdivision (b); rather, the Court simply addressed how to determine the section 5412 date of injury in a death claim:
The calculation of the 240-week period depends on the date of injury as determined by the death claimant's knowledge.
Official decision · page 4 →
All 3 decisions naming § 5406 →
The rules written under this section
A statute says what is owed; Title 8 says by when, on what form, and what happens if the deadline passes. These name § 5406as what they implement.
- 8 CCR § 10550Petition to Dismiss Inactive Cases.
- 8 CCR § 10582Inactive Cases, Procedure, Subsequent Action. [Renumbered]repealed
Also on this
Unofficial guide — not legal advice. The statute is the state’s text. The quotes are litigated applications, not a prediction.
About California Labor Code § 5406
What is California Labor Code § 5406?
Labor Code § 5406 sits in CHAPTER 2. Limitations of Proceedings [5400 - 5413]. The statute on this page begins: (a) Except as provided in Section 5406.5, 5406.6, or 5406.7, the period within which may be commenced proceedings for the collection of the. The official display is on LegInfo; this is a reprint.
Did WCAB panels apply Labor Code § 5406 in this corpus?
This corpus has 3 released decisions whose extracted legal standards named § 5406. Quotes and PDFs are on this page. That is not every case in California that ever cited the section.