ROBERT COLLA, Applicant

PABST BREWING CO, Employer

ACE PROPERTY AND CASUALTY INSURANCE, Insurer

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.

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

Dated and mailed October 29, 2007
collaro . wsd : 185 : ND § 8. 47

/s/ James T. Flynn, Chairman

/s/ Robert Glaser, Commissioner

/s/ Ann L. Crump, Commissioner

In his petition dated September 14, 2007, which was received by the Worker's Compensation Division on September 17, 2007, the applicant appeals the dismissal decision issued by the administrative law judge on August 30, 2007. That decision dismissed the applicant's claim for additional compensation stemming from his work injury of March 21, 1989. The applicant asserts that the respondents (Pabst Brewing Company and Ace Property and Casualty Insurance) previously engaged in fraud by obtaining a medical report from a physician whose license allegedly was suspended for "drug use and abuse."

As noted by the administrative law judge, the applicant's claim for compensation stemming from the work injury of March 21, 1989, has been completely litigated. Any allegations of fraud should have been made at the administrative hearing held in the matter. The commission resolved the matter in a final order issued on March 19, 1997. This order was affirmed by the Milwaukee County Circuit Court in a decision issued by Circuit Judge Patricia D. McMahon on January 8, 1998, and the circuit court decision was summarily affirmed by the Wisconsin Court of Appeals, District I, in a decision issued on June 17, 1999.

Furthermore, it has been well over 12 years since the applicant received any compensation other than treatment expense attributable to the work injury of March 21, 1989. Accordingly, pursuant to Wis. Stat. § 102.17(4), the time allocated for pursuing additional claims related to the 1989 work injury expired long before the applicant filed his hearing application on May 22, 2007. Neither the department, the commission, nor the courts have jurisdiction to reopen the claim.

cc: Attorney Richard Ceman

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