Home/Case Law/MELISIA BANKS vs. LARKIN STREET YOUTH CENTER, STATE COMPENSATION INSURANCE FUND
Regular DecisionReconsideration

MELISIA BANKS vs. LARKIN STREET YOUTH CENTER, STATE COMPENSATION INSURANCE FUND

Filed: May 24, 2010
San Francisco
ADJ7158520

CompFox AI Summary

This case involves a dispute over a proposed Compromise and Release (C&R) settlement. The WCJ improperly attempted to gather further medical evidence by directly contacting the applicant's physician, exceeding his authority. The Appeals Board dismissed reconsideration because the WCJ's order was not final, but granted removal due to the prejudice caused by the WCJ's procedural overreach. The case was returned to the trial level for proper proceedings to determine the adequacy of the C&R.

Full Decision Text1 Pages

This case involves a dispute over a proposed Compromise and Release (C&R) settlement. The WCJ improperly attempted to gather further medical evidence by directly contacting the applicant's physician, exceeding his authority. The Appeals Board dismissed reconsideration because the WCJ's order was not final, but granted removal due to the prejudice caused by the WCJ's procedural overreach. The case was returned to the trial level for proper proceedings to determine the adequacy of the C&R.

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MELISIA BANKS vs. LARKIN STREET YOUTH CENTER, STATE COMPENSATION INSURANCE FUND (2010) – San Francisco | CompFox