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

JAMES STARICH, Applicant

JAMES A STANISCH FINISH CARPENTRY, Employer

G K MASONRY, Employer

THE TRAVELERS INSURANCE COMPANY, Insurer

REGENT INSURANCE COMPANY, Insurer

WORKER'S COMPENSATION DECISION
Claim No. 2001-010719 and 2000-024515

An administrative law judge (ALJ) for the Worker's Compensation Division of the Department of Workforce Development issued an order 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 in the file. Based on its review, the commission agrees with the decision of the ALJ, and it adopts his order as its own.

ORDER

The order of the administrative law judge is affirmed.

Dated and mailed November 19, 2001
starija . wsd : 185 : 1   ND § 9.2

/s/ David B. Falstad, Chairman

/s/ James A. Rutkowski, Commissioner



MEMORANDUM OPINION

All the medical opinions submitted conclude that the applicant sustained a work-related injury requiring surgery. Accordingly, the applicant will receive compensation for the proposed surgery from James A. Stanisch Finish Carpentry and Travelers Insurance if a work injury is not found to have occurred at G.K. Masonry. Regardless of the nature of G.K. Masonry's defense, the only issue remaining in dispute is whether G.K. Masonry and its insurer, or James A. Stanisch Carpentry and its insurer, shall be liable. Accordingly, the administrative law judge's exercise of discretion under Wis. Stat. § 102.175(2) was reasonable and appropriate. The request for a briefing schedule is denied because the facts and law in this matter are straightforward, and the delay caused by briefing would be prejudicial to the applicant, who is in need of surgery.

cc: 
Attorney John E Drana
Attorney John A. Griner
Attorney Paul D. Literski

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uploaded 2001/11/20