STATE OF WISCONSIN
LABOR AND INDUSTRY REVIEW COMMISSION
P O BOX 8126, MADISON, WI 53708-8126 (608/266-9850)

SCHLOMO DARY, Applicant

AER SERVICES INC, Employer

TRAVELERS INDEMNITY CO, Insurer

WORKER'S COMPENSATION DECISION
Claim No. 2008-027733


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

ORDER

The petition for review is dismissed.

Dated and mailed
September 27, 2012
darysch . wpr : 101 : 5 ND6 1.5; 10.2


BY THE COMMISSION:

/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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