RYAN LEE (dec’d), CYNTHIA VALENZUELA (widow) vs. STATE OF CALIFORNIA, DEPARTMENT OF CORRECTIONS AND REHABILITATION – SATF; Legally Uninsured; STATE COMPENSATION INSURANCE FUND/ STATE CONTRACT SERVICES, Adjusting Agency

STATE OF CALIFORNIA, DEPARTMENT OF CORRECTIONS AND REHABILITATION – SATF; Legally Uninsured; STATE COMPENSATION INSURANCE FUND/ STATE CONTRACT SERVICES, Adjusting Agency RYAN LEE (dec’d), CYNTHIA VALENZUELA (widow) WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIARYAN LEE (dec’d), CYNTHIA VALENZUELA (widow), Applicant,vs.STATE OF CALIFORNIA, DEPARTMENT OF CORRECTIONS AND REHABILITATION – SATF;Legally Uninsured; STATE COMPENSATION INSURANCE FUND/ STATE CONTRACTSERVICES, Adjusting Agency, Defendants.Case No. ADJ2156157 (VNO 0518450)OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATIONAND DECISION AFTER RECONSIDERATION            Defendant, the State of California, Department of Corrections and Rehabilitation (CDC) seeks reconsideration of the Findings and Award (F&A) issued in this case by the workers’ compensation administrative law judge (WCJ) on May 15, 2012. In that decision, the WCJ found in pertinent part that decedent Ryan Lee (Lee) who was employed by defendant as a corrections officer, sustained industrial injury to his head on April 25, 2004 that resulted in his death on May 2, 2004. Therefore, the WCJ awarded death benefits to Lee’s widow Cynthia Valenzuela (Valenzuela) and two minor children. The WCJ also found that Lee’s death was “industrial” for purposes of the special death benefit payable by the California Public Employees’ Retirement System (CalPERS) under Government Code section 21537. In making these findings, the WCJ concluded that Lee’s accident while driving home from work fell within the special risk exception to the going and coming rule.            Defendant contends that the WCJ erred because: (1) an injury sustained during a normal commute to and from work is not compensable absent special circumstances; (2) the special risk exception to the going and coming rule does not apply to the facts in this case; (3) the Agreed Medical Evaluator (AME)’s opinion that Lee’s motor vehicle accident was caused by his fatigue from his overtime work

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