Lemus Saldana, Esther (Dec)

Decedent Esther Lemus Saldana sustained a specific lumbar injury on February 4, 2019 and died on January 20/23, 2023. Her dependents filed a death claim Application on January 2, 2024, within one year of death but more than 240 weeks after the specific injury date. The WCJ found the death claim barred by Labor Code section 5406(b) using the specific injury date as the 'date of injury.' Applicants argued the death arose from a cumulative injury to 'other body systems,' so the date of injury should be determined under Berkebile based on the dependents' knowledge of the industrial nature of the condition. The Board granted reconsideration, holding the record lacked substantial medical evidence (only an unsupported death certificate) to determine the cause and nature of death, rescinded the Findings, and returned the matter to the trial level for further proceedings.