State Of California, Department Of Correction, Legally Uninsured, State Compensation Insurance Fund, State Employees Noel Morton (Deceased) WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIANOEL MORTON (Deceased), Applicant,vs.STATE OF CALIFORNIA, DEPARTMENT OFCORRECTIONS, Legally Uninsured, STATECOMPENSATION INSURANCE FUND,STATE EMPLOYEES, Defendants.Case No. ADJ7079625 (Eureka District Office)OPINION AND DECISION AFTER RECONSIDERATION On April 16, 2012, we granted defendant’s Petition for Reconsideration in order to allow sufficient opportunity to further study the factual and legal issues in this case. This is our Decision After Reconsideration. Noel Morton, while employed as a correctional officer from November 29, 2006, through November 29, 2007, sustained an industrial injury to his internal system in the form of pancreatic cancer. The injury proximately resulted in his death on January 25, 2010. His surviving spouse is Carolyn Morton (Carolyn). He had two children, Brandon Morton (Brandon) and Cheyenne Morton (Cheyenne), from his prior marriage to Laura Dougherty (Laura). Thechildren lived with Laura, who is now their guardian ad litem, and were totally dependent on Noel. Carolyn elected to receive a special death benefit from the California Public Employees’ Retirement System (CalPERS) pursuant to Government Code section 21547(a)(1). The children are not entitled to any benefit under that section. However, the children are receiving $750 per month as a Preretirement 1959 Survivor Allowance pursuant to Government Code section 21574.7(b)(1). In the Second Amended Findings and Award and Order dated January 31, 2012, the workers’ compensation administrative law judge (WCJ) found in relevant part that Brandon and Cheyenne were , each entitled to a death benefit of $317.95 per week, in the total sum of $106,666.67, pursuant to Labor Code section 4702(a)(1), and that defendant was not entitled to credit for the Ca
