Home/Case Law/ELAINE BREA ULT vs. LONG'S DRUG STORE, INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA
Regular DecisionReconsideration

ELAINE BREA ULT vs. LONG'S DRUG STORE, INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA

Filed: Apr 20, 2009
San Francisco
ADJ1576468 (OXN 0133481)

CompFox AI Summary

Defendant seeks reconsideration of a decision finding applicant temporarily totally disabled from a neck and shoulder injury. Defendant argues the judge erred by finding ongoing temporary disability when evidence suggests permanent stationary status, and by awarding temporary disability beyond statutory limits, citing Nickelsberg. The Appeals Board granted reconsideration due to procedural deficiencies, specifically the lack of a proper opinion by the judge and a required report on reconsideration. Therefore, the Board rescinded the original decision and returned the case for a proper record and new decision.

Full Decision Text1 Pages

Defendant seeks reconsideration of a decision finding applicant temporarily totally disabled from a neck and shoulder injury. Defendant argues the judge erred by finding ongoing temporary disability when evidence suggests permanent stationary status, and by awarding temporary disability beyond statutory limits, citing Nickelsberg. The Appeals Board granted reconsideration due to procedural deficiencies, specifically the lack of a proper opinion by the judge and a required report on reconsideration. Therefore, the Board rescinded the original decision and returned the case for a proper record and new decision.

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