JACQUELINE GESS, Applicant
ST COLETTA SCHOOL, Employer
GREENWICH INSURANCE CO, Insurer
The applicant filed an application for hearing on November 10, 2005, alleging that she sustained a compensable injury when she fell to the floor at work on September 7, 2005. St. Coletta School and Greenwich Insurance Company (respondents) filed a timely answer denying that the applicant's injury arose out of her employment. A prehearing conference was held involving the parties and the administrative law judge on February 8, 2006. On February 20, 2006, the administrative law judge "ruled" that the applicant had made a "prima facie showing" of a compensable injury. The administrative law judge directed the insurer to pay the applicant's out-of-pocket expenses, as well as her outstanding medical bills, and dismissed the application for hearing without prejudice. Respondents submitted a petition for commission review alleging that this order was issued in error.
There is no statutory authority for the administrative law judge to award compensation (1) in a disputed claim in the manner in which she did. Respondents are entitled to a hearing, pursuant to Wis. Stat. § 102.18(1)(a).
Accordingly, the administrative law judge's order issued on February 20, 2006, is set aside. The matter is remanded to the department for opportunity for hearing with respect to the applicant's claim.
Dated and mailed April 11, 2006
gessja . wpr : 185 : 8 ND § 8.6 § 8.10
/s/ James T. Flynn, Chairman
/s/ David B. Falstad, Commissioner
Robert Glaser, Commissioner
cc:
Attorney Timothy Schumann
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