LINETTE WILLIAMS-GRANT, Applicant

AMERITECH SERVICES INC, Employer

AMERICAN HOME ASSURANCE CO, Insurer

On January 14, 2009, the applicant filed an application for hearing alleging a compensable injury with the date of injury listed as February 12, 2008. Respondent submitted an answer. A prehearing conference was scheduled for July 21, 2009 for which the applicant did not appear. On July 28, 2009, administrative law judge (ALJ) Kaiser issued an order in this matter dismissing the application without prejudice for the Worker's Compensation Division of the Department of Workforce Development.

On August 14, 2009, the applicant filed another application for hearing alleging a compensable injury with the date of injury listed as February 12, 2008. Respondent submitted an answer. A prehearing conference was conducted on December 8, 2009 with ALJ Krueger. Following the prehearing, settlement discussions ensued.

On January 11, 2011, ALJ Smiley sent a letter to the parties, informing them that no settlement papers had been received, the claim was still pending. Based upon the ALJ's review of the file, the applicant was claiming temporary partial disability from April 13, 2008 to December 17, 2008, a two percent permanent partial disability, and a claim for medical expenses. The applicant was directed that, if she wished to proceed with the claim, she needed to advise the Department within 30 days and send a copy to the respondent's attorney. She was also informed that, if she was claiming medical expenses, she needed to complete a form WKC-3 (a copy of which was included with the letter) and attach detailed billing statements. Nothing was received by the Department.

Consequently, on March 23, 2011, ALJ Smiley issued an order in this matter dismissing the application without prejudice for the Worker's Compensation Division of the Department of Workforce Development.

On March 28, 2011, the applicant sent a letter requesting an "appeal," indicating that the respondent has not paid mileage or deductibles for the injury that occurred on February 12, 2008.

The Department has the authority to dismiss an application for hearing with or without prejudice based upon its reasonable exercise of discretion. Baldwin v. LIRC, 228 Wis. 2d 601, 619-620, 599 N.W.2d 8 (Ct. App. 1999). The ALJ did so on March 23, 2011 based upon applicant's failure to respond to her January 11, 2011 letter.

Wisconsin. Stat. § 102.18(3) limits the commission's jurisdiction to review of decisions awarding or denying compensation. In Matthews v. Mega Marts Inc. and Federal Insurance Co., WC No. 2006-007933 (LIRC October 30, 2006), the commission indicated that it 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 because such an order does not grant or deny benefits but merely postpones a determination of whether an applicant is entitled to compensation.

Given the fact that the March 23, 2011 order dismisses the application without prejudice, the commission does not have jurisdiction to consider the arguments advanced by the applicant.

Instead, the applicant may restart her claim by filing a new application for hearing with the Worker's Compensation Division, as she had done on August 14, 2009.

/s/ Robert Glaser, Chairperson

/s/ Ann L. Crump, Commissioner

/s/ Laurie R. McCallum, Commissioner

cc: Attorney Douglas Feldman

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uploaded 2011/08/08