RICK A. GARDNER, Applicant

JDC LOGISTICS INC, Employer

ACUITY 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. Stats. § 102.18(3), parties may petition for a review of decisions, which award and deny compensation. The administrative law judge'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 April 30, 2009
gardnri : 175 : 5 ND §9.2

/s/ James T. Flynn, Chairperson

/s/ Robert Glaser, Commissioner

/s/ Ann L. Crump, Commissioner

NOTE: The commission has dismissed the applicant's petition for commission review since the administrative law judge's Order dated March 12, 2009 does not award or deny compensation pursuant to Wis. Stats. § 102.8(3). The administrative law judge dismissed the applicant's claim, but left the matter interlocutory so the applicant may submit another hearing application to reopen the claim and reinitiate formal proceedings when, and as appropriate, he is ready to proceed. The administrative law judge appropriately noted that service of any new application and reopening any claim will be contingent on receipt of medical documentation that supports each and every element of compensation for disability and treatment expenses claimed. The administrative law judge had previously indicated in a letter to the applicant dated November 24, 2008 as much as he is asserting claims based upon two injuries, he needs to delineate any and all claims he attends to assert and further break them down by injury, including any claims related to a left knee injury in January 2005, with an exact compensation claimed and in dispute. The administrative law judge appropriately informed the applicant to also break down any and all claims related to an alleged right knee injury of February 1, 2005 and delineate all temporary and permanent disability compensation claims, as well as any and all treatment expenses claimed that he wished to assert again and provide the medical documentation to substantiate each and every element of those claims, again including itemized billing statements to support each and every treatment expense he intends to have covered.

The commission notes the applicant has been given multiple opportunities to provide such information, but has failed to do so. The applicant has submitted a copy of an operative report and a medical report from Dr. Longo, which indicates she was not treating the applicant in 2005, but it is possible the applicant's knee problems are related to his work for the employer. Dr. Longo's report does not meet the requirement for medical documentation to support his claim, nor does the operative report or MRI report submitted by the applicant. cc: Attorney Lynn M. Combs

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

uploaded 2009/05/18