Wis.LIRC WC Decision: Schroeder - August 9, 2012 - ND6 10.2 - Petition for Review; 11.5 - Review of Compromise -- the statutory procedure dictates review of a compromise in the first instance by the department, rather than by the commission, so commission dismissed a PCR from an order approving a compromise

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

VICKIE L. SCHROEDER, Applicant

HARLEY DAVIDSON MOTOR
CO OPERATIONS , Employer

TRANSPORTATION INSURANCE CO, Insurer

WORKER'S COMPENSATION DECISION
Claim No. 2010-010881

In December 2011, the applicant filed a hearing application, alleging an August 25, 2008 date of injury. However, the parties subsequently entered into a compromise on the claim. An administrative law judge for the Department of Workforce Development, Worker's Compensation Division, awarded payment according to the compromise by order dated May 21, 2012.

The applicant, who had previously been represented by an attorney, then filed a pro se electronic petition for review of the ALJ's order with the commission. The petition states that the applicant feels she was "wrongly represented & advised to take this deal." The applicant's attorney has sent the commission a letter stating he was not participating on review. The respondent asserts that the commission lacks jurisdiction to review, and that the petition otherwise states no grounds for setting aside the compromise.

Wisconsin Stat. § 102.16(1) provides that parties have the right to have a compromise reviewed within a year from the date in which an award based on the compromise has been entered. The statutory subsection concludes by providing that:

"Upon petition filed with the department, the department may set aside the award or otherwise determine the rights of the party."

Stated simply, the statutory procedure dictates review of a compromise in the first instance by the department, rather than by the commission. In practice, this means a party files a compromise review application with the Department of Workforce Development, Worker's Compensation Division.

The commission therefore declines to accept jurisdiction on the petition for review filed by the applicant. If the applicant wishes to pursue her attempt to have the compromise reviewed or set aside, she must file a compromise review application with the department.

NOW, THEREFORE, the Labor and Industry Review Commission makes this

ORDER

The petition for review is dismissed.

Dated and mailed
August 9, 2012
schroed . wpr : 101 : 5 ND6 10.2; 11.5

BY THE COMMISSION:

/s/ Robert Glaser, Chairperson

/s/ Ann L. Crump, Commissioner

/s/ Laurie R. McCallum, Commissioner

cc: Attorney Laurie Frey

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