ALLEAN M DAVIS, Applicant
MILWAUKEE BOARD OF
SCHOOL DIRECTORS, Employer
MILWAUKEE BOARD OF
SCHOOL DIRECTORS, Insurer
The department issued an Order on August 25, 2008 which held the applicant failed to meet her burden of proof on the issue of her entitlement to permanent partial disability at the left knee as a result of her work-related incident on January 29, 2004, as well as her claim that she suffered disability to her left ankle/left foot at the time of her fall on January 29, 2004.
Pursuant to Wis. Stat. § 102.18 (3) a party may petition the commission for review of an administrative law judge's order awarding or denying compensation if the department or commission receives the petition within 21 days after the department mailed a copy of the administrative law judge's findings and order to the party's last-known address. The commission shall dismiss a petition which is not timely filed unless the petitioner shows probable good cause that the reason for failure to timely file was beyond the petitioner's control.
In this case, the last date for filing a timely petition for commission review was September 15, 2008. The department did not receive the applicant's petition for commission review until September 26, 2008.
The applicant explained that she failed to file a timely petition for commission review due to an oversight on her part. The applicant indicated that after consideration of the administrative law judge's order she completed a letter of appeal but put it under the sun visor in her car and forgot to mail it until almost a week later when she discovered the letter under the sun visor. The applicant's statement indicates that she received the administrative law judge's order in a timely fashion and she had every opportunity to file a timely petition for commission review but failed to do so. The applicant's statement does not indicate that she was in any way prevented from filing a timely petition for commission review or that she failed to file a petition for commission review for a reason beyond her control. Rather the reason for the late petition was due to an oversight on the applicant's part when she forgot to mail the appeal letter. Therefore, pursuant to Wis. Stat. § 102.18(3) the applicant's petition for commission review must be dismissed as untimely.
The petition for review is dismissed.
Dated and mailed December 11, 2008
davisal . wpr : 175:9
ND § 9.2
/s/ James T. Flynn, Chairperson
/s/ Robert Glaser, Commissioner
/s/ Ann L. Crump, Commissioner
cc: Attorney Heide Wick Spoerl
[ Search Decisions ] - [ WC Legal Resources ] - [ LIRC Home Page ]
uploaded 2009/01/05