Clark, William

William B. Clark, a Vallejo police officer, claimed industrial kidney cancer with a stipulated section 5412 date of injury of September 5, 2018; he retired in 2013 and died September 18, 2021. After the WCJ found a permanent total disability rate of $1,066.72, the Board granted reconsideration and issued a Notice of Intention to amend the rate to $1,260.00, the maximum for a 2018 date of injury. The Board acknowledged that in its prior May 26, 2023 decision it intended to award the maximum rate but erroneously used $1,066.72 (the rate tied to decedent's 2013 last day worked and the dependency claim) instead of the correct maximum for the 5412 date of injury. The Board held that under sections 3212.1, 4453, and 4458.5, the PTD rate must be based on the September 5, 2018 statutory date of injury, requiring the maximum rate. Because the issue had not been briefed, due process required notice and a 20-day opportunity for the parties to respond before issuing a final decision.