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

CECILIA M YANNARAS, Applicant

DAVID STANGL DDS MS, Employer

HARTFORD ACCIDENT & INDEMNITY CO, Insurer

WORKER'S COMPENSATION DECISION
Claim No. 94036691

On February 20, 1996, an administrative law judge (ALJ) for the Worker's Compensation Division of the Department of Workforce Development issued an interlocutory order awarding compensation based on the finding that the applicant was permanently and totally disabled. The commission affirmed the ALJ's interlocutory order on October 3, 1996.

Thereafter, on August 17, 1998, the employer and the insurer (collectively, the respondent) requested an adverse psychological evaluation of the applicant. By letter dated September 2, 1998, ALJ Nancy L. Schneiders denied that request. The respondent has petitioned for commission review.

Pursuant to Wis. Stat. § 102.18(3), parties may petition for review of decisions which award or deny compensation. The commission cannot conclude that the administrative law judge's September 2, 1998 letter awards or denies compensation, where, as here, the respondent has not filed an application for hearing on the issue of the applicant's award. Therefore, the commission does not have jurisdiction to consider the respondent's petition.

ORDER

The petition for review is dismissed.

Dated and mailed: October 21, 1998
yannace.wpr : 101 : 5 § 8.12, 9.2

/s/ David B. Falstad, Chairman

Pamela I. Anderson, Commissioner

/s/ James A. Rutkowski, Commissioner

cc: ATTORNEY CHARLES L RUSTIN
LAW OFFICES OF CHARLES L RUSTIN

ATTORNEY ROBERT H ZILSKE
ZILSKE LAW FIRM SC

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