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

GREG URBAN, Applicant

COUNTY OF DOOR, Employer

WAUSAU GENERAL INS CO, Insurer

WORKER'S COMPENSATION DECISION
Claim No. 1998-066802

An administrative law judge for the Worker's Compensation Division of the Department of Workforce Development issued an order in this matter dismissing the application without prejudice. The applicant 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 applicant.

ORDER

The petition for review is dismissed.

Dated and mailed August 27, 1999
urbangr.wsd : 175 : 2 ND § 8.9

/s/ David B. Falstad, Chairman

/s/ Pamela I. Anderson, Commissioner

/s/ James A. Rutkowski, Commissioner

NOTE: Consistent with the commission's decision in Lawrence v. A-One Cleaning Services, (Commission Decision, November 19, 1997), the commission will not 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. The administrative law judge appropriately noted that a new application may be filed if it is accompanied by a WC-16-B medical report which supports the applicant's claim.

cc:
ATTORNEY PATRICIA JANKA SANDOZ
STILP & COTTON

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