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

TOM PETERSON, Applicant

CONSOLIDATED LUMBER CO, Employer

LIBERTY MUTUAL INS CO, Insurer

WORKER'S COMPENSATION DECISION
Claim No. 93059850

An administrative law judge (ALJ) for the Worker's Compensation Division of the Department of Workforce Development issued a decision in this matter on January 6, 1998. The ALJ found that the application for hearing on the issue of loss of earning capacity was premature, but reserved jurisdiction on that issue. The employer and insurer (collectively, the respondent) filed a petition for commission review.

Wisconsin Statute § 102.18 (3), provides for commission review of an ALJ's decision granting or denying compensation. The ALJ's decision in this case does not award or deny compensation. Therefore, the commission does not have jurisdiction to consider the arguments advanced by the respondent.

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

ORDER

The petition for review is dismissed.

Dated and mailed: March 12, 1998
peterst.wsd : 101 : 7  ND § 9.2

/s/ David B. Falstad, Chairman

/s/ Pamela I. Anderson, Commissioner

/s/ James A. Rutkowski, Commissioner

MEMORANDUM OPINION

ALJ Mitchell's order found the applicant's claim premature but reserved jurisdiction in the event the applicant obtains an updated vocational expert opinion. If the commission were to review ALJ's Mitchell's order at this point it would essentially be managing the hearing process for him, rather than reviewing an order awarding or denying compensation. Consequently, the commission dismissed the respondent's petition for lack of jurisdiction, consistent with its past practice. See Neala Winchel v. Fransiscan Sisters of Perpetual Hope, WC Claim No. 93066564 (LIRC, October 31, 1996), and Michael Lawrence v. A-1 Cleaning Services, WC Claim no. 95060456 (LIRC, November 19, 1997).

The commission acknowledges that the respondent has requested a briefing schedule on its petition, while the applicant requested a telephone conference. However, the commission believes neither is necessary, given the limited, straightforward jurisdictional issue presented.

cc: ATTORNEY LISA A ELANDER
MUDGE PORTER LUNDEEN & SEGUIN SC

ATTORNEY PATRICK M COOPER
LAW OFFICE OF JEFFREY T OCONNOR

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