CASE NO. 834 CRD-4-89-3Workers’ Compensation Commission
SEPTEMBER 3, 1991
The claimant was represented by Joshua Kricker, Esq., and John Kucej, Esq.
The respondents were represented by Jason M. Dodge, Esq., Pomeranz, Drayton Stabnick. The respondents did not appear at oral argument.
The Second Injury Fund was represented at the trial level by Diane Duhamel, Esq., Assistant Attorney General. The Second Injury Fund did not appear at oral argument nor did it file a brief.
This Petition for Review from the March 13, 1989 Finding and Award of the Commissioner for the Fourth District was originally heard October 26, 1990 and decided April 8, 1991. Pursuant to a Motion for Reargument filed by the respondents the matter was reheard August 16, 1991 before a Compensation review Division panel consisting of the Commission Chairman, John Arcudi, and Commissioners Robin Waller and James Metro.
OPINION
JOHN ARCUDI, CHAIRMAN.
This Division rendered an opinion in this matter April 8, 1991 Madden v. Moore Special Tool, 834 CRD-4-89-3. Subsequently respondents filed a Motion for Reargument or Rehearing which was granted June 6, 1991. Thereafter, the matter was set down for reargument August 16, 1991.
The respondents filed a brief but did not participate in the scheduled oral argument. After a thorough consideration of he arguments advanced in their brief we remain unpersuaded. Therefore we reaffirm our earlier April 8, 1991 decision.
Commissioners Robin Waller and James Metro concur.