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

KAROL SMITH, Applicant

WEBCRAFTERS INC, Employer

EMPLOYERS INSURANCE OF WAUSAU, Insurer

WORKER'S COMPENSATION DECISION
Claim No. 880123531

An administrative law judge (ALJ) for the Worker's Compensation Division of the Department of Workforce Development (Department of Industry, Labor and Human Relations prior to July 1, 1996) 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 28, 1996
smithka.wsd : 101 : 1  ND § 9.2

Pamela I. Anderson, Chairman

/s/ Richard T. Kreul, Commissioner

/s/ David B. Falstad, Commissioner

MEMORANDUM OPINION

The respondent submitted a timely petition for commission review on July 18, 1995. The petition stated simply that the respondent wished to appeal the ALJ's decision, and requested a briefing schedule. A briefing schedule was established, but in November 1995 the respondent requested that the schedule be delayed pending compromise discussions. The commission sent a letter in March 1996 inquiring about the status of the compromise. In August 1996, the respondent informed the commission that no compromise had been reached, and requested another briefing schedule. Another briefing schedule was sent that month. The first brief, the respondent's, was due September 11, 1996.

No briefs had yet been received when the commission discussed this case on Thursday, October 24, 1996, and agreed to issue an order affirming the ALJ's decision. While the commission's order was being drafted, the commission received a letter and brief from the respondent's attorney dated October 24, 1996. The letter informed the commission that, by mutual agreement of the parties, the briefing schedule had been "deferred once again" and that, with the filing of the respondent's brief that day, the applicant's brief would be due in three weeks.

However, the commission's rules provide that requests for extension of briefing schedules must be made in writing and may be approved by the commission upon good cause shown. Section LIRC 1.07, Wis. Adm. Code. The commission appreciates that the parties themselves have agreed to the late submission of briefs. However, the fact remains that the commission was not notified in advance of the agreement, nor was its approval sought. It therefore respectfully declines to consider the respondent's brief.

Of course, the commission's review of cases on appeal is not limited to arguments made by counsel. Indeed, the commission carefully considering the entire hearing record in this case. Having done so, the commission concludes the ALJ's findings of fact and order are correct.

cc: ATTORNEY TIMOTHY J YANACHECK
STILP COTTON & WELLS

ATTORNEY KENNETH T McCORMICK JR
BOARDMAN SUHR CURRY & FIELD

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