Home/Case Law/ALYCE ATHANASIOU vs. KAISER FOUNDATION HOSPITAL, SEDGWICK CMS
Regular DecisionWorkers' Compensation

ALYCE ATHANASIOU vs. KAISER FOUNDATION HOSPITAL, SEDGWICK CMS

Filed: Nov 01, 2016
San Jose
ADJ8120076

CompFox AI Summary

The Workers' Compensation Appeals Board granted defendant's petition for removal, finding the WCJ improperly handled a proposed Compromise and Release (C&R). The WCJ's order impermissibly attempted to rewrite the C&R and incorrectly mandated Medicare Set-Aside approval for a settlement below $25,000. Consequently, the WCJ's order was rescinded, and the case was returned to the trial level for appropriate proceedings.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board granted defendant's petition for removal, finding the WCJ improperly handled a proposed Compromise and Release (C&R). The WCJ's order impermissibly attempted to rewrite the C&R and incorrectly mandated Medicare Set-Aside approval for a settlement below $25,000. Consequently, the WCJ's order was rescinded, and the case was returned to the trial level for appropriate proceedings.

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ALYCE ATHANASIOU vs. KAISER FOUNDATION HOSPITAL, SEDGWICK CMS (2016) – San Jose | CompFox