Michael Gonzales — ADJ10349312

Dorothy Gonzales filed a death benefits claim arising from the death of Michael Gonzales, a police officer for the City of Montebello who allegedly sustained a cumulative trauma injury (heart disease) with a date of injury found by the WCJ to be December 19, 1996. The WCJ found the death claim barred by the statute of limitations, applying Ruiz and Massey to conclude the death claim was derivative of the decedent's inter vivos claim and that the date of injury was the decedent's date of injury. On reconsideration, the WCAB panel rescinded the Findings, holding the WCJ disregarded the panel's prior 2019 directive to apply Berkebile, which establishes that a death claim is distinct and severable from the worker's inter vivos claim and that the section 5412 'date of injury' is determined by the death claimant's knowledge of the industrial nature of the death. The panel found no genuine split of authority and that Berkebile is binding published precedent. The case was returned to the trial level to determine the date of injury under Berkebile and whether section 5406 or 5406.7 applies.