RUIZ v. INDUSTRIAL ACC. COM.

Docket No. L.A. 23751.

45 Cal.2d 409 (1955)

289 P.2d 229

JOSEFA P. RUIZ, Petitioner, v. INDUSTRIAL ACCIDENT COMMISSION et al., Respondents.

Supreme Court of California. In Bank.

October 28, 1955.


Attorney(s) appearing for the Case

Margolis, McTernan & Branton for Petitioner.

Everett A. Corten, Edward A. Sarkisian, Herlihy & Herlihy and Ray B. Cumming for Respondents.


SPENCE, J.

This is a proceeding to review the order of the Industrial Accident Commission denying death benefits to petitioner, who is the surviving wife of Joaquin Ruiz. (Lab. Code, § 4701.) The denial was based on the ground that the claim was not filed within 240 weeks from the date of injury (Lab. Code, § 5406), even though that period had elapsed before the time of death. The plain language of the statute sustains the commission's order and petitioner...

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