Fay E. Johnson v. The Home Depot USA, Inc.

[¶ 1] In this unusual case, Fay E. Johnson, an employee of Home Depot USA, Inc., has been missing since March 2012. Her attorney has filed an appeal .from a decision of the Workers’ Compensation Board Appellate Division affirming the order of a hearing officer (Jerome, HO) that allowed Home Depot to suspend Johnson’s workers’ compensation benefits until she reappears and petitions for their reinstatement. Johnson’s attorney contends on her behalf that (1) Home Depot’s service of petitions for review of incapacity and for forfeiture of benefits on him but not on Johnson failed to satisfy 39-A…