SUSAN M MATTHEWS, Applicant

MEGA MARTS INC, Employer

FEDERAL INSURANCE CO, Insurer

An administrative law judge (ALJ) for the Worker's Compensation Division of the Department of Workforce Development issued an order in this matter dismissing the application without prejudice. The applicant has petitioned for commission review of the administrative law judge's order. Pursuant to Wis. Stat. § 102.18(3), parties may petition for review of decisions that award or deny compensation. The ALJ's order does not award or deny compensation. Therefore, the commission does not have jurisdiction to consider the arguments advanced by the applicant.

The petition for review is dismissed.

Dated and mailed October 30, 2006
matthsu : 180 : 6  ND §  9.2

/s/ James T. Flynn, Chairman

/s/ David B. Falstad, Commissioner

/s/ Robert Glaser, Commissioner

NOTE: The commission does not have the authority to review orders that dismiss without prejudice where no testimony has been taken and the statute of limitations has not run. Such orders do not grant or deny benefits but merely postpone a determination of whether an applicant is entitled to compensation. The dismissal order in this case was issued for the purpose of removing as parties from the case an employer and insurer which the department has determined were included in error. The case will continue to proceed to hearing with the proper respondents indicated as parties.

cc: Attorney Robert P. Ochowicz

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uploaded 2006/11/01