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

CASEY KULLMANN, Applicant

PLANT MARKETING INC, Employer

FLORISTS MUTUAL INS CO, Insurer

WORKER'S COMPENSATION DECISION
Claim No. 1996043753

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.

ORDER

The findings and order of the administrative law judge are affirmed.

Dated and mailed April 22, 1999
kullmca.wsd : 185 : 7 ND § 8.9

/s/ David B. Falstad, Chairman

/s/ Pamela I. Anderson, Commissioner

/s/ James A. Rutkowski, Commissioner

MEMORANDUM OPINION

The issuance of a default order in this matter was a completely reasonable exercise of discretion. As the administrative law judge pointed out in his decision, the employer was given ample warning of the necessity of filing an answer to avoid a default ruling; including notification of the fact that it, rather than the insurance carrier, was the liable party in a claim under Wis. Stat. § 102.35(3). The employer's reliance on the fact that Attorney Hibbard misinformed it is to no avail in this matter. Attorney Hibbard's ignorance of the provisions of the statute did not constitute excusable neglect, nor did the employer's failure to respond directly to the administrative law judge's unambiguous written warnings.

Additionally, the employer's constitutional due process argument is rejected. Wis. Stat. § 102.18(1)(a) provides legislative authorization for the issuance of default orders in appropriate circumstances, and as previously stated, the administrative law judge's exercise of discretion in this matter was entirely reasonable. Full and fair opportunity for hearing was made available to the employer, but it forfeited that opportunity through inexcusable neglect.

cc: ATTORNEY JAMES C RITLAND

ATTORNEY CAROL S DITTMAR
GARVEY ANDERSON JOHNSON GABLER & GERACI SC

Appealed to Circuit Court.

[ Search Decisions ] - [ WC Legal Resources ] - [ LIRC Home Page ]