BEFORE THE
STATE OF WISCONSIN
LABOR AND INDUSTRY REVIEW COMMISSION

BRIAN DONOHUE, Applicant

GREEN BAY PACKERS, INC., Employer

NORTHWESTERN NATIONAL INSURANCE COMPANY, Insurer

WORKER'S COMPENSATION DECISION
Claim No. 87-041220

The attorney for the applicant submitted a petition for Commission review alleging error in the Administrative Law Judge's Findings and Order issued on July 13, 1989, which denied approval of attorney's fees computed on the basis of medical expenses allowed to applicant in the earlier order. No answer has been filed to the petition.

Section 102.18(3) of the Statutes provides, in part, as follows:

"A party in interest may petition the Commission for review of an examiner's decision awarding or denying compensation if the Department or Commission receives the petition within 21 days after the Department mailed a copy of the examiner's findings and order to the party's last-known address."

The word "compensation," as used in the statute, applies only to the money award paid to the injured worker for his loss. Thus, an action by the Commissin in refusing to allow an attorney a particular fee cannot be considered an order denying or awarding compensation. Cranston v. Industrial Comm., 246 Wis. 287, 289-90 (1944). The Commission concludes that an action by an Administrative Law Judge in refusing to allow an attorney a particular fee cannot be considered an order oawarding or denying compensation within the meaning of section 102.18(3), Stats. Cranston, supra, also establishes that an attorney representing a worker's compensation claimant is not a "party aggrieved" within the meaning of section 102.23, Stats., prescribing the procedure to be followed in obtaining judicial review of orders and awards of the Commission. 246 Wis.2d at 289. See also, Eisenberg v. ILHR Department, 59 Wis.2d 98, 105 (1972). The Commission concludes that, consistent with the holdings of Cranston and Eisenberg, an attorney representing a worker's compensation claimant is not a "party in interest" within the meaning of section 102.18(3), Stats., who may petition for Commission review of an Administrative Law Judge's decision.

The Commission therefore concludes that the petition in this matter was not filed by a "party in interest" and does not seek review of an examiner's decision "awarding or denying compensation", within the meaning of section 102.18(3), Stats., and that the Commission is therefore without jurisdiction to act. Therefore, the following:

O R D E R

The petition for review is dismissed.

Dated and mailed December 11, 1989
110 : CD0724  ND § 1.5   § 9.2

/s/ Kevin C. Potter, Chairman

/s/ Carl W. Thompson, Commissioner

Pamela I. Anderson, Commissioner


cc: 
David L. Resnick, Attorney
Kelly and Haus

John H. Schmid, Jr.
Axley, Brynelson, Herrick, Bucaida, Dorschel & Armstrong

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