STATE OF WISCONSIN
LABOR AND INDUSTRY REVIEW COMMISSION
P O BOX 8126, MADISON, WI 53708-8126 (608/266-9850)
MICHAEL E LAWRENCE, Applicant
A-1 CLEANING SERVICES, Employer
SOCIETY INS CO, Insurer
WORKER'S COMPENSATION DECISION
Claim No. 95060456
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. The respondent has petitioned for commission review of the administrative law judge's order. Pursuant to Wis. Stat. § 102.18 (3), parties may petition for review of decisions which award or deny compensation. The administrative law judge's order does not award or deny compensation. Therefore, the commission does not have jurisdiction to consider the arguments advanced by the respondent.
The petition for review is dismissed.
Dated and mailed November 19, 1997
lawremi.wsd : 132 : 1 ND § 8.9
Pamela I. Anderson, Chairman
David B. Falstad, Commissioner
NOTE: The commission acknowledges that it has not been consistent in whether to accept petitions on orders that dismiss an application without prejudice. See e.g., Gorski v. Cranberry Lake Corp., WC Claim No. 96-027611 (LIRC Feb. 26, 1997). The commission will no longer 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.
ATTORNEY JOHN H WOLF III
ATTORNEY THEODORE T BALISTRERI
OTJEN VAN ERT STANGLE LIEB & WEIR SC
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