Wis.LIRC WC Decision: Mack, Pamela - March 20, 2008 - ND � 1.5 - Attorney Fees, � 9.2 - Petition for Review - Commission corrected drafting error to substitute the correct attorney's name in the fee award on its own motion, as the attorney is not a "party in interest" even though his costs and fee are protected in the order.

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

PAMELA MACK, Applicant

KMART CORPORATION, Employer

KMART CORPORATION, Insurer

WORKER'S COMPENSATION DECISION
Claim No. 2007-003124

Pursuant to authority granted in Wis. Stat. § 102.18(4)(c), the commission hereby modifies the administrative law judge's decision issued in this matter on December 19, 2007, to substitute "Jeffrey J. Klemp" for "Jack W. Ebbott" in the decision's "ORDER." This was a drafting error in which the administrative law judge entered the wrong attorney's name when ordering payment of attorney fees and costs.

Dated and mailed March 20, 2008
mackpa . wpr : 185 : 6 ND � 1.5, 9.2

James T. Flynn, Chairperson

/s/ Robert Glaser, Commissioner

/s/ Ann L. Crump, Commissioner

NOTE: The applicant's attorney filed a petition for commission review to request this modification, but Wis. Stat. § 102.18(3), provides that a "party in interest" may petition the commission for review of a department order awarding or denying compensation. An attorney requesting protection of attorney fees and costs is not a "party in interest" under the statute. Eisenberg v. DILHR Dept., 59 Wis. 2d 98, 105, 207 N.W.2d 874 (1973); Cranston v. Industrial Commission, 246 Wis. 287, 289, 16 N.W.2d 865 (1944). Therefore, the commission performed the modification pursuant to its authority under Wis. Stat. § 102.18(4)(c).

cc:
Attorney Jeffrey Klemp
Attorney Jack Ebbott

[ Search Decisions ] - [ WC Legal Resources ] - [ LIRC Home Page ]

uploaded 2008/04/09