Pringle v. National Lumber, Inc.

CASE NO. 5912 CRB-3-14-1

COMPENSATION REVIEW BOARD

WORKERS’ COMPENSATION COMMISSION

FEBRUARY 3, 2015

FRANKLIN PRINGLE

CLAIMANT-APPELLEE

v.

NATIONAL LUMBER, INC.

EMPLOYER

and

YORK CLAIM SERVICES (FORMERLY BERKLEY ADMINISTRATORS OF CONNECTICUT, INC.)

INSURER

RESPONDENTS-APPELLANTS

RULING ON RESPONDENTS’ MOTION FOR RECONSIDERATION

JOHN A. MASTROPIETRO, CHAIRMAN. On January 9, 2015 the respondents filed a Motion for Reconsideration of our December 31, 2014 Opinion in Pringle v. National Lumber, Inc., 5912 CRB-3-14-1. After review and consideration, we herein deny the Motion.

The gravamen of the respondents’ Motion is that this panel should now, subsequent to hearing this appeal and issuing a written decision, conduct “a review of the four corners of the record” and based on that review, remand the case for a trial on the merits. Said “review” was done as part of the appellate review which led to our decision. This Motion essentially seeks simply to retry the appeal. We are not persuaded that our decision was in error and the moving party cites no applicable precedent which this tribunal failed to consider in rendering a decision. While the respondents may not agree with the application of law herein, we are not persuaded that our opinion was ambiguous or conclusory. Therefore, our opinion of December 31, 2014 speaks for itself.

The Motion for Reconsideration is therefore denied.

Commissioners Daniel E. Dilzer and Stephen M. Morelli concur in this opinion.