ALAN GIANOLI vs. BECKMAN COULTER; OLD REPUBLIC; AMERICAN HOME ASSURANCE; AMERICAN MOTORIST, LIBERTY MUTUAL FIRE INSURANCE CO.

This case involves defendants' petitions for reconsideration of a decision awarding applicant temporary total disability. The Board previously granted the applicant's reconsideration, reversing the judge's denial of temporary disability benefits after the cumulative trauma injury. Defendants contended the applicant was not entitled to these benefits, arguing he failed to properly seek reconsideration or was already permanent and stationary. The Board denied the petitions, finding the evidence did not support the defendants' claims that the applicant intended to retire at his termination. The Board also rejected Old Republic's attempt to introduce evidence not previously part of the trial record.