SCHLOMO DARY, Applicant
AER SERVICES INC, Employer
TRAVELERS INDEMNITY CO, Insurer
On March 7, 2012, an administrative law judge (ALJ) for the Department of Workforce Development, Worker's Compensation Division, issued a decision following a stipulation submitted by the parties. The applicant's attorney filed a petition for review, alleging the ALJ erroneously calculated the attorney fees.
The commission does not have jurisdiction in attorney fee-only disputes. Its review authority on petition under Wis. Stat. § 102.18(3) is limited to decisions that award or deny compensation, and an attorney fee generally is not considered "compensation" for the purposes of Wis. Stat. ch. 102. See: Eisenberg v. ILHR Department, 59 Wis. 2d 98, 105 (1973); Cranston v. Industrial Commission, 246 Wis. 287, 289 (1944). Moreover, Wis. Stat. § 102.18(3) provides that a "party in interest" may petition the commission for review of a department order, and an attorney representing an applicant in a worker's compensation proceeding is not a "party in interest" under the statute, Eisenberg, 59 Wis. 2d at 105, and Cranston, 246 Wis. at 289. See also: Jacobson v. Milwaukee Sign Company, WC claim no. 2004-010430 (LIRC, November 9, 2006); and Neal & Danas, Workers Compensation Handbook § 1.5 (6th ed. 2011).
Consequently, the petition for review shall be dismissed.
NOW, THEREFORE, the Labor and Industry Review Commission makes this
/s/ Robert Glaser, Chairperson
/s/ Ann L. Crump, Commissioner
/s/ Laurie R. McCallum, Commissioner
cc:
Attorney Michael Kulkoski
Attorney Patricia Chucka
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uploaded 2012/10/01