STATE OF WISCONSIN
LABOR AND INDUSTRY REVIEW COMMISSION
P O BOX 8126, MADISON, WI 53708-8126 (608/266-9850)
ALEX J GRECO JR, Applicant
MANPOWER INC, Employer
WORKER'S COMPENSATION DECISION
Claim No. 1998004908
An administrative law judge (ALJ) for the Worker's Compensation Division of the Department of Workforce Development issued a decision in this matter. A timely petition for review was filed.
The commission has considered the petition and the positions of the parties, and it has reviewed the evidence submitted to the ALJ. Based on its review, the commission agrees with the decision of the ALJ, and it adopts the findings and order in that decision as its own.
The findings and order of the administrative law judge are affirmed.
Dated and mailed: July 22, 1998
grecoal . wsd : 175 : 8 ND § 8.8
/s/ David B. Falstad, Chairman
/s/ Pamela I. Anderson, Commissioner
/s/ James A. Rutkowski, Commissioner
The employer states in its petition for commission review that the applicant was offered two positions through the employer following his work related injury and turned them down. However, the employer provided no explanation for its failure to file a timely answer in this matter. Under Wis. Admin. Code § 80.05(2) if an employer fails to mail an answer within 20 days of mailing by the department, the department may issue an order by default without hearing in accordance with the application.
In this case, the employer was given ample opportunity to file an answer to the applicant's claim filed on January 26, 1998 and served upon the employer on February 18, 1998. The administrative law judge wrote to the employer on April 20, 1998 and indicated that no answer to the application had been filed by the employer, and if the administrative law judge did not receive an answer to the application within 30 days a default order would be issued. The employer failed to file an answer or an explanation for the failure to file such an answer within 30 days and a default order was issued. The employer provides no explanation for its failure to file a timely answer to the applicant's claim in its petition for commission review. Therefore, the commission agrees that a default order was appropriately entered in this matter. Based upon the information in the file, the administrative law judge appropriately found that the employer refused to hire the applicant without reasonable cause in violation of Wis. Stat. § 102.35(3) with a maximum entitlement of $15,600.
cc: ATTORNEY DAVID L WEIR
ZUBRENSKY PADDEN HORWITZ & WEIR
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