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

JASON M BATCHER, Applicant

MINORS GARDEN CENTER, Employer

TRANSPORTATION INS CO, Insurer

WORKER'S COMPENSATION DECISION
Claim No. 1996024771

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 October 13, 1999
batchja.wsd : 132 : 6 ND § 7.41

David B. Falstad, Chairman

/s/ Pamela I. Anderson, Commissioner

/s/ James A. Rutkowski, Commissioner

MEMORANDUM OPINION

The employer has petitioned for commission review of the adverse findings and order of the administrative law judge. In the petition the employer indicates that the applicant is a nephew of the owner, and it is the employer's understanding that a family member of the owner does not need a work permit. This is incorrect. While there are exceptions to the permit requirement when employment is by a minor for the minor's parent or guardian, the commission is not aware of any blanket exemption for any and all familial relationships between a minor and an owner of a business. Further, while the employer submits a copy of the permit that it indicates it had the minor complete, the permit indicates it was issued on April 12, 1996. The date of the injury in this case is April 4, 1996. Wisconsin Statute § 102.60(1), provides for double compensation if the minor at the time of injury is employed without a written permit. The employer has not submitted any documentation to establish that the applicant, at the time of injury, was working with a written permit. For these reasons, and for the reasons set forth in the findings and order of the administrative law judge, the commission affirms such findings and order.

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