STATE OF WISCONSIN
LABOR AND INDUSTRY REVIEW COMMISSION
P O BOX 8126, MADISON, WI 53708-8126 (608/266-9850)

HOLLY ANN THOMAS, Applicant

GREYHOUND CENTRAL, Employer

LIBERTY MUTUAL INSURANCE CO, Insurer

WORKER'S COMPENSATION DECISION
Claim No. 2004-034767

An administrative law judge (ALJ) for the Worker's Compensation Division of the Department of Workforce Development issued a decision in this matter. A timely petition for review was filed.

The commission has considered the petition and the positions of the parties, and it has reviewed the evidence submitted to the ALJ. Based on its review, the commission agrees with the decision of the ALJ, and it adopts the findings and order in that decision as its own.

ORDER

The findings and order of the administrative law judge are affirmed.

Dated and mailed May 9, 2006
thomaho . wsd : 175 : 4   ND 7.41

/s/ James T. Flynn, Chairman

/s/ David B. Falstad, Commissioner

/s/ Robert Glaser, Commissioner


MEMORANDUM OPINION

The employer asserts in its petition for commission review the administrative law judge erred in determining the applicant was entitled to receive double compensation from the employer pursuant to Wis. Stat. § 102.60(1). The employer states the applicant was enrolled in a work study program at school, and the school required work permits, but did not keep a copy on file, and when the applicant started working for the employer, she was enrolled in the program and working for another employer located at the same location. The employer states that with information from the applicant, the employer was under the impression the applicant had already obtained her work permit.

However, it was the employer's duty to insure the applicant, who was a minor under the age of 18 at the time that she worked for the employer, had the proper work permit. The employer failed to do so. Pursuant to Wis. Stat. § 102.60(1), when an injury is sustained by a minor illegally employed, compensation shall be double the amount otherwise recoverable if the injured employee is a minor of permit age, and at the time of the injury is employed, required, suffered, or permitted to work without a written permit issued pursuant to Wis. Stat. ch. 103. Since the employer allowed the applicant to work without the required work permit, the administrative law judge appropriately awarded the applicant $2,333.21 as double compensation pursuant to Wis. Stat. § 102.60(1).


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uploaded 2006/05/24