Wis.LIRC WC Decision: Stuart-Giese, Julie - February 5, 1990 - ND � 10.5 - Review of Compromise - compromises will not be reopened in the absence of gross inequity, important newly discovered evidence, fraud, duress, or mutual mistake

BEFORE THE
STATE OF WISCONSIN
LABOR AND INDUSTRY REVIEW COMMISSION

JULIE STUART-GIESE, Applicant

SCHOENECK CONTAINERS, INC., Employer

UNITED STATES FIRE INSURANCE COMPANY, Insurer

WORKER'S COMPENSATION DECISION
Claim No. 85-060165

The applicant submitted a petition for Commission review alleging error in the Administrative Law Judge's Findings and Order issued on November 7, 1989. The respondent submitted an Answer to the petition. At issue is review of the Limited Compromise Order issued by Administrative Law Judge William Phillips on February 19, 1988.

The Commission has carefully reviewed the entire record in this matter, and hereby affirms the Findings and Order of the Administrative Law Judge, except as herewith modified:

MODIFIED FINDINGS OF FACT

In the first full paragraph on page four of the Administrative Law Judge's Decision, substitute "January 20, 1989" for "January 20, 1988."

Delete the second full paragraph on page four of the Administrative Law Judge's Decision and substitute the following paragraph therefor:

"Compromises will not be set aside absent a showing of fraud, duress, important newly-discovered evidence, overreaching or a reasonable misinterpretation of the terms of the compromise. None of these elements is present in the case at hand. The original application for hearing filed on June 4, 1986, made claim for back and neck injuries as well as injury to the hands. Applicant and her attorney were aware from the beginning that the back and neck injury was in dispute. Administrative Law Judge Phillips asked the applicant directly (page 7, transcript of hearing held on February 9, 1988) whether she understood and approved of the fact that the compromise was '...cleaning up your case to date,' resulting in a waiver of '. . . any claim that you may have for temporary disability or permanent disability and medical expense to date.'"

The applicant could not reasonably have misinterpreted the limited compromise to leave open the issues of temporary disability or any other disability predating February 9, 1988. The applicant claims that she was misled by Attorney Donovan, but the terms of the limited compromise were clearly defined for her at the hearing before Administrative Law Judge Phillips. Any private understandings she may have had with Attorney Donovan cannot change that fact.

NOW, THEREFORE, this

ORDER

The Findings and Order of the Administrative Law Judge are modified to conform with the foregoing, and as modified are affirmed. The application for review of the limited compromise is hereby dismissed.

Dated and mailed February 5, 1990
ND � 10.5

Kevin C. Potter, Chairman

Carl W. Thompson, Commissioner

/s/ Pamela I. Anderson, Commissioner

cc:
Robert H. Zilske, Borgelt, Powell, Peterson & Frauen, S.C.
Robert Duffy, Quarles & Brady
Michael J. Donovan, Hausmann, McNally & Hupy, S.C.
Joseph F. Owens, Law Offices of William A. Pangman and Associates

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