L&S Hallmark Construction Co. and Zurich American Insurance Co. Timothy Ballantine WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIATIMOTHY BALLANTINE, Applicant,vs.L&S HALLMARK CONSTRUCTION CO. andZURICH AMERICAN INSURANCE CO., Defendants.Case No. ADJ6895909 (Salinas District Office)OPINION AND ORDER GRANTING RECONSIDERATION Defendant, Zurich American Insurance Company, on behalf of its insured, L&S Hallmark Construction Company, seeks reconsideration of the Findings, Award and Order, issued February 18, 2013, in which an arbitrator found applicant, Timothy Ballantine, sustained 44% permanent disability as a result of a May 27, 2008 industrial injury to his right hand and left lower extremity while employed as a carpenter. The arbitrator further found applicant was entitled to a .15% increase in his permanent disability payments pursuant to Labor Code section 4658. Taking into account the statutory time constraints for acting on the petition, and based upon our initial review of the record, we believe that reconsideration must be granted in order to allow sufficient opportunity to further study the factual and legal issues in this case. We believe that this action is necessary to give us a complete understanding of the record and to enable us to issue a just and reasoned decision. Reconsideration will be granted for this purpose and for such further proceedings as we may hereinafter determine to be appropriate. For the foregoing reasons, IT IS ORDERED that defendant’s Petition for Reconsideration filed March 14, 2013, be, and hereby is, GRANTED./ / // / / , IT IS FURTHER ORDERED that pending the issuance of a Decision After Reconsideration in the above case(s), all further correspondence, objections, motions, requests and communications shall be filed in writing only with the Office of the Commissioners of the Workers’ Compensation Appeals Board at either its street address (455 Golden Gate Avenue, 9th
Timothy Ballantine vs. L&s Hallmark Construction Co. And Zurich American Insurance Co.
In this case, Timothy Ballantine was found to have sustained 44% permanent disability as a result of a May 27, 2008 industrial injury to his right hand and left lower extremity while employed as a carpenter. The Workers' Compensation Appeals Board granted the defendant's Petition for Reconsideration, allowing for further study of the factual and legal issues in the case. All further correspondence, objections, motions, requests and communications were to be filed in writing with the Office of the Commissioners of the Workers' Compensation Appeals Board.
- Filed On:
- Court: California, Salinas
- Case No. ADJ6895909
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