WCPanelIQ
PanelGranted

Stanford, Arthur (Dec.)

ARTHUR STANFORD (Dec’d), et. al., Applicants vs. HOUSING AUTHORITY OF THE CITY OF LOS ANGELES, permissibly self-insured, administered by SEDGWICK CMS, Defendants

ADJ number
ADJ19613976
Decision date
Nov 9, 2025
District office
Los Angeles
WCJ
—
Claim administrator
Sedgwick CMS (administering for Housing Authority of the City of Los Angeles, permissibly self-insured)
Commissioners
KATHERINE WILLIAMS DODD, COMMISSIONER, JOSÉ H. RAZO, COMMISSIONER, JOSEPH V. CAPURRO, COMMISSIONER

Injury / body parts: cardiopulmonary/heart, death

LC §5406LC §5406.5LC §5406.6LC §5406.7LC §4700LC §4550LC §5409LC §5705LC §5500.5LC §5412LC §5313LC §5903LC §5952LC §5909LC §5900LC §4622CCR §9812CCR §10600CCR §10761

Summary

Retired carpenter Arthur Stanford died at home on January 8, 2023, with a death certificate listing cardiopulmonary arrest and multiple contributing causes. His dependent filed an application for death benefits on July 29, 2024, which defendant denied as barred by the statute of limitations under Labor Code section 5406(b). The WCJ found the claim time-barred because it was not filed within one year of death and held no tolling or record development was warranted. On reconsideration, the Appeals Board rescinded the WCJ's findings, holding that the one-year period under section 5406(b) is tolled until defendant provides the required notice of the right to file for death benefits, and that no section 5412 date of injury had been established because there was no medical evidence in the record. The matter was returned to the trial level for further proceedings.

Issues

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Holding

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Analysis

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Defense takeaway

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