Home/Case Law/TIMOTHY BALLANTYNE vs. L&S HALLMARK CONSTRUCTION CO., ZURICH AMERICAN INSURANCE CO.
Regular DecisionRegular Panel Decision

TIMOTHY BALLANTYNE vs. L&S HALLMARK CONSTRUCTION CO., ZURICH AMERICAN INSURANCE CO.

Filed: Oct 31, 2013
Salinas
ADJ6895909

CompFox AI Summary

This case involves an appeal by the defendant insurance company regarding an arbitrator's award of 44% permanent disability and a 15% increase in payments for Timothy Ballantyne's industrial injury. The defendant argued that the Agreed Medical Examiner's impairment rating was unsubstantiated and that the vocational expert improperly considered overtime income. The Workers' Compensation Appeals Board, after review, affirmed the arbitrator's original award. The Board adopted the reasoning in the Arbitrator's Report, finding no error in the disability assessment or loss of earning capacity determination.

Full Decision Text1 Pages

This case involves an appeal by the defendant insurance company regarding an arbitrator's award of 44% permanent disability and a 15% increase in payments for Timothy Ballantyne's industrial injury. The defendant argued that the Agreed Medical Examiner's impairment rating was unsubstantiated and that the vocational expert improperly considered overtime income. The Workers' Compensation Appeals Board, after review, affirmed the arbitrator's original award. The Board adopted the reasoning in the Arbitrator's Report, finding no error in the disability assessment or loss of earning capacity determination.

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TIMOTHY BALLANTYNE vs. L&S HALLMARK CONSTRUCTION CO., ZURICH AMERICAN INSURANCE CO. (2013) – Salinas | CompFox