Wis.LIRC WC Decision: Gray, James - October 24, 2001 - ND � 8.10 - Prehearing Conference - order for payment after pre-hearing conference when no issue except which insurer is liable - while ALJs have broad discretion under � 102.175(2), where ALJ's order that one carrier pay 100 % is not explained, LIRC cannot find the exercise of discretion to have been reasonable, and remands for further proceedings

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

JAMES A GRAY, Applicant

MADISON FREIGHT SYSTEMS INC, Employer

TRAVEL CENTERS OF AMERICA, Employer

FREMONT INDEMNITY COMPANY, Insurer

ZURICH AMERICAN INSURANCE COMPANY, Insurer

WORKER'S COMPENSATION DECISION
Claim No. 2001-007538 & 2001-005077

ORDER

Pursuant to authority granted in Wis. Stat. § 102.18(3), the commission hereby sets aside the administrative law judge's order issued in her letter dated August 31, 2001. While the commission allows administrative law judges broad discretion in their exercise of authority under Wis. Stat. § 102.175(2), the administrative law judge's letter/order in this case gives no explanation for ordering one carrier to pay 100 percent of the outstanding medical expenses. Without such an explanation the commission cannot find that the exercise of discretion in this case was reasonable. The matter is remanded to the department for such further proceedings as are deemed appropriate.

Dated and mailed October 24, 2001
grayja . wpr : 185 : 8 - ND � 8.10

/s/ David B. Falstad, Chairman

/s/ James A. Rutkowski, Commissioner

cc:
Attorney Edward W. Stewart
Attorney Kurt R. Anderson

[Note: This Order is shown as modified by a corrective amendment made on October 29, 2001 .]

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uploaded 2001/10/30