Department Of Corrections (Legally Uninsured) Adjusted By State Compensation Insurance Fund David Robinson (Deceased) Lillian Robinson (Deceased) Estate Of Lillian Robinson WORKERS-COMPENSATION APPEALS BOARDSTATE OF CALIFORNIADAVID ROBINSON (Deceased) LILLIAN ROBINSON (Deceased) estate of LILLIAN ROBINSON, Applicant(s.)vs.DEPARTMENT OF CORRECTIONS (Legally Uninsured) adjusted by STATE COMPENSATION INSURANCE FUND, Defendant(s).Case No. ADJ2747713 (SAC 0354168)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION Applicant seeks reconsideration of the August 2. 2010 “Conclusions of Law.” wherein the workers’ compensation administrative law judge (WCJ) found that the Workers’ Compensation Appeals Board docs not have jurisdiction to make findings regarding applicant’s entitlement to a PERS death allowance and that defendant may reduce the industrial death benefit by the amount of the PERS death allowance. Applicant contends that the WCJ erred in failing to decide the two issues submitted to him. which were the amount of the PERS special death benefit and whether defendant is only entitled to credit for the tax savings related to the special benefit. Applicant also contends that the WCJ erred in deciding issues that were not submitted by the parties and that the WCJ exceeded his authority when he found that defendant is entitled to a credit for the total PERS special death benefit. Finally, applicant contends that the WCJ’s conclusions of law violate the Fair Employment and Housing Act. The WCJ filed a Report and Recommendation on Petition for Reconsideration (Report) recommending that reconsideration be dismissed as untimely, or. in the alternative, denied. We have received an answer from defendant. Thereafter, applicant requested leave to file a response to , that Report. (Cal. Code. Regs., lit. 8. § 10848.) Applicant’s request to file a response to the Repon is granted, and the response filed by applicant ha
