Larkin Street Youth Center; State Compensation Insurance Fund Melisia Banks WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMELISIA BANKS, Applicant,vs.LARKIN STREET YOUTH CENTER; STATE COMPENSATIONINSURANCE FUND, Defendant.Case No. ADJ7158520OPINION AND ORDER DISMISSING RECONSIDERATION; GRANTING REMOVAL ANDDECISION AFTRE REMOVAL Defendant seeks reconsideration and removal of the Order Requiring Response and Action and Suspending Approval Concerning Compromise and Release (Order) issued by a workers’ compensation administrative law judge (WCJ) on March 3, 2010, wherein the WCJ declined to approve the parties’ compromise and release (C&R). The WCJ found that a supplemental report from applicant’s primary treating physician, Carol J. Treinen, M.D., was required to determine the adequacy of the C&R, and indicated that he would write to Dr. Treinen to request one. The WCJ also required certain changes in the text of the C&R and proof that applicant had been offered stipulations with request for award as an alternative to the C&R. Defendant contends that the WCJ acted in excess of his powers in issuing the Order, arguing that the WCJ has no authority to conduct discovery by writing to Dr. Treinen to obtain a supplemental report. Defendant also contends that the Workers’ Compensation Appeals Board Policy and Procedure Manual (P&P Manual), section 1.91, requires the WCJ to approve the C&R if it is within the range of evidence based on the medical records submitted and that the only report submitted was Dr. Treinen’s PR-4 that rates 0% permanent disability. Defendant argues that there is no existing evidence demonstrating Dr. Treinen’s report is not adequate. We have considered the petition for reconsideration and we have reviewed the record in this matter. No answer was received. The WCJ has filed a Report and Recommendation on , Petition for Reconsideration (Report), recommending that we dismiss reconsideration and deny removal. B
Melisia Banks vs. Larkin Street Youth Center; State Compensation Insurance Fund
This case is about Melisia Banks, who was injured at work and sought compensation from her employer, Larkin Street Youth Center. The State Compensation Insurance Fund was also involved in the case. The Workers' Compensation Appeals Board granted removal of the order issued by a workers' compensation administrative law judge, which declined to approve the parties' compromise and release. The Board found that the judge had exceeded his authority by writing to the reporting physician to obtain a supplemental report. The Board dismissed reconsideration and granted removal, returning the matter to the trial-level judge for further proceedings.
- Filed On:
- Court: California, San Francisco
- Case No. ADJ7158520
To continue reading ... start a FREE Trial for 10 days
Discover the cases you didn’t know you were missing!
Copyright © 2023 - CompFox Inc.