ANGELICA GONZALEZ, Applicant

ABBYLAND FOODS INC, Employer

FIDELITY & GUARANTY INS 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. No hearing was held.

The respondent petitioned for commission review based upon the ALJ's dismissal language that:

No application may be refilled[sic] until the applicant has presented herself for a defense medical examination at the insurance carrier's expense (including airfare, transportation, lodging and meals).

Although the petitioner argued that this language conveyed compensation under the Act pursuant to Wis. Stat. § 102.01(1), the commission disagrees and continues to follow the standard set forth in Lawrence v. A-1 Cleaning, WC Claim No. 95060456 (LIRC, November 19, 1997) that the commission will not

. . . review orders that dismiss without prejudice where no testimony has been taken and the statute of limitations has not run. Such orders do not grant or deny benefits but merely postpone a determination of whether an applicant is entitled to benefits.

Dated and mailed
July 26, 2011
gonzaan.wpr:150:6 ND6  9.9; 10.2

BY THE COMMISSION:

/s/ Robert Glaser, Chairperson

Ann L. Crump, Commissioner

/s/ Laurie R. McCallum, Commissioner

NOTE: If a new application is filed by the applicant, the respondent may raise its concerns regarding the prior monies allegedly paid by it to the ALJ with proof of such payment to determine what, if any, additional expenses are to be paid under Wis. Stat. § 102.13(1)(b).

cc: Attorney David Kania
Attorney Robert Gray

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uploaded 2011/09/28