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

MICHAEL G SAMPSON, Applicant

KOCHS TELECOMMUNICATIONS SERVICE INC, Employer

TRANSPORTATION INSURANCE COMPANY, Insurer

WORKER'S COMPENSATION DECISION
Claim No. 2001051646


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 April 25, 2003
sampsmi . wsd : 185 : 3  ND § 5.49

/s/ David B. Falstad, Chairman

/s/ James A. Rutkowski, Commissioner

/s/ James T. Flynn, Commissioner

MEMORANDUM OPINION


Respondents argue that the applicant's failure to seek earlier medical assistance for his developing left foot condition amounted to an unreasonable refusal to submit to medical treatment, and that therefore compensation should be barred pursuant to Wis. Stat. § 102.42(6). The commission rejects this argument.

Considering the applicant's prior medical history and ongoing diabetic condition, he used poor judgment in delaying professional medical treatment and in attempting to self-treat his foot condition. However, poor judgment or negligence does not preclude an employee from receiving worker's compensation benefits. Tews Lime & Cement Company v. ILHR Department, 38 Wis. 2d 665, 673, 158 N.W.2d 377 (1968).

Wis. Stat. § 102.42(6) addresses itself to unreasonable failures to accept reasonable medical treatment after the work injury occurs. As stated in Tews Lime & Cement Company v. ILHR Department, 38 Wis. 2d at 672:

"It is in the context of treatment after the accident that the legislature obliged the employee to accept reasonable medical treatment by sec. 102.42(7), Stats. It does not impose a duty on the employee to follow medical treatment for a nonemployment-related condition simply because there is a possibility that the condition may be aggravated or accelerated by or subject him to a breakdown during employment activity."

The applicant submitted to all reasonable medical treatment after he went to the emergency room and began receiving professional treatment. His actions did not constitute a violation of Wis. Stat. § 102.42(6).

cc: 
Attorney James A. Meier
Attorney Lois Kohl Marks


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