Lemus Saldana, Esther

Esther Lemus Saldana filed an inter vivos cumulative injury claim with an accepted specific injury date of February 4, 2019. After her death, dependents Felipe Saldana Rodriguez and Felipe Saldana filed a death claim application on January 2, 2024. A WCJ issued Findings of Fact on May 14, 2025, and the Appeals Board granted applicant's reconsideration on September 2, 2025, rescinding those Findings and returning the matter to the trial level. Defendant sought reconsideration arguing the death claim was barred by Labor Code section 5406(b) as filed more than 240 weeks from the date of injury. The Board dismissed the petition for reconsideration as taken from a non-final order and, treating it as a petition for removal, denied removal because no substantial prejudice or irreparable harm was shown.