Fernando, Tony

Decedent Tony Fernando, a correctional officer, sustained two cumulative injuries: one ending November 23, 2010 (knees, coronary artery disease, hypertensive cardiovascular disease, tinnitus) and another ending December 29, 2012 (additional cardiac conditions). He died of cardiac arrest on February 17, 2017, and his widow Ellen Fernando filed an application for death benefits on August 21, 2017. The WCJ found the death claim time-barred under Labor Code section 5406(b) because it was filed more than 240 weeks from the December 29, 2012 date of injury. Applicant argued the section 5412 date of injury was no earlier than May 15, 2015, when QME Dr. Anderson first opined decedent should be medically retired with permanent impairment. The WCAB affirmed, holding the section 5412 date of injury was December 29, 2012—the date decedent suffered disability (industrial retirement) and applicant knew it was work-related—rendering the August 21, 2017 application untimely under the 240-week limit.