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Case No. ADJ1576468 (OXN 0133481)
Regular
Apr 20, 2009

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

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 Therefore, the Board rescinded the original decision and returned the case for a proper record and new decision.

Workers' Compensation Appeals BoardReconsiderationTemporary Total DisabilityPermanent and StationaryLabor Code Section 4656Nickelsberg v. Workers' Comp. Appeals BoardOpinion on DecisionReport and RecommendationFindings and AwardRescinded
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