Tyc v. Calabrese Construction Co.

CASE NO. 3061 CRB-5-95-5

COMPENSATION REVIEW BOARD

WORKERS’ COMPENSATION COMMISSION

FEBRUARY 26, 1997

JOSEF W. TYC

CLAIMANT-APPELLEE

v.

CALABRESE CONSTRUCTION CO.

EMPLOYER

and

NORTHBROOK PROPERTY & CASUALTY INSURANCE CO.

INSURER

RESPONDENTS-APPELLANTS

and

SECOND INJURY FUND

RESPONDENT-APPELLANT

RULING RE: MOTION TO REARGUE

GEORGE WALDRON, COMMISSIONER. The Compensation Review Board is in receipt of a Motion To Reargue filed by the Second Injury Fund, December 23, 1996. In the Motion To Reargue the Second Injury Fund seeks to open the Compensation Review Board’s opinion of December 10, 1996 in the above named matter.

We find the Second Injury Fund’s attempt at reargument to be nothing more than an attempt at a another bite at the apple. We are unpersuaded by the authority and arguments presented in the Fund’s Motion To Reargue. None of the cases referred to by the Fund concern the actual issue at hand.

We therefore deny the Fund’s Motion to Reargue.

Commissioners Nancy A. Brouillet and Michael S. Miles and concur in this ruling.