Zbras v. Northeast Mortgage Corp.

CASE NO. 5997 CRB-5-15-3

COMPENSATION REVIEW BOARD

WORKERS’ COMPENSATION COMMISSION

MAY 5, 2016

CYNTHIA ZBRAS

CLAIMANT-APPELLANT

v.

NORTHEAST MORTGAGE CORP.

EMPLOYER

and

THE HARTFORD

INSURER

RESPONDENTS-APPELLEES

RULING ON RESPONDENTS’ MOTION FOR RECONSIDERATION

STEPHEN M. MORELLI, COMMISSIONER. On April 15, 2016 the respondents filed a Motion for Reconsideration of our March 29, 2016 Opinion in Zbras v. Northeast Mortgage Corp., 5997 CRB-5-15-3. After review and consideration, we herein deny the Motion.

The gravamen of the respondents’ motion appears to be that this panel should now, subsequent to hearing this appeal and issuing a written decision, remand this matter to the trial commissioner for a new de novo hearing on the merits. The respondents have already had their “day in court” on these issues and we believe a remand at this juncture would be “. . . an effort to try the case in an inappropriate piecemeal fashion.” Grant v. Siemens Westinghouse Power Co., 5292 CRB-4-07-11 (October 28, 2008) and Schreiber v. Town & Country Auto Service, 4239 CRB-3-00-5 (June 15, 2001). Therefore, we reaffirm our opinion of March 29, 2016.

The Motion for Reconsideration is therefore denied.

Commissioner Daniel E. Dilzer concurs in this opinion.