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JAMES WHITCOMB (DECEASED) vs. STATE OF CALIFORNIA, DEPARTMENT OF CORRECTIONS; STATE COMPENSATION INSURANCE FUND, Adjusting Agent.

STATE OF CALIFORNIA, DEPARTMENT OF CORRECTIONS; STATE COMPENSATION INSURANCE FUND, adjusting agent. JAMES WHITCOMB (DECEASED) WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJAMES WHITCOMB (DECEASED), Applicant,vs.STATE OF CALIFORNIA, DEPARTMENT OF CORRECTIONS; STATECOMPENSATION INSURANCE FUND, adjusting agent., Defendant.Case No. ADJ2967056 (LBO 0395577)OPINION AND DECISION AFTER RECONSIDERATION            On July 19, 2012, we granted reconsideration in this matter and issued a notice of intention to admit into the record documents attached to the petition for reconsideration filed by defendant, State of California, Department of Corrections and Rehabilitation, legally uninsured. We also issued a notice of intention to impose a sanction of $2,500 against all counsel for their failure to timely advise the Workers’ Compensation Appeals Board of the fact of applicant’s election to receive, in lieu of workers’ compensation death benefits, a CalPERS special death benefit pursuant to Government Code section 21537. We further stated we would issue a final determination on the issues raised by defendant’s petition for reconsideration, after the time provided to the parties to respond to the two Notices of Intention. We have received and reviewed the responses filed by applicant and defendant’s attorneys, and now issue our Decision After Reconsideration.            Defendant, State of California, Department of Corrections and Rehabilitation, legally uninsured, filed a petition for reconsideration from the Findings and Award, issued May 1, 2012, in which a workers’ compensation administrative law judge (WCJ) found James Whitcomb, while employed as a Correctional Officer by the Department of Corrections and Rehabilitation, sustained an industrial injury to his lungs on February 28, 2008, proximately leading to his death on March 5, 2008. Mr. Whitcomb left his wife, Tracy Smith, and his minor child, James Whitcomb, Jr., surviving him as wholly dependent. The WCJ further

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