Arns, 062819 WIWC, 2016-026943

• Case Date: June 28, 2019
• Court: Wisconsin

Gerard J. Arns Applicant City of Milwaukee Employer City of Milwaukee c/o Corvel Enter. Comp. Ins. Insurer No. 2016-026943 Wisconsin Workers Compensation State of Wisconsin Labor and Industry Review Commission June 28, 2019           WORKER'S COMPENSATION DECISION 1           Michael H. Gillick, Chairperson.          Order          The commission affirms the decision of the administrative law judge. Accordingly, the application for benefits is dismissed.          By the Commission:           David B. Falstad, Commissioner, Georgia E. Maxwell, Commissioner.          Procedural Posture          This case is before the commission to consider the applicant's entitlement to worker's compensation benefits. In November of 2016, the applicant filed a hearing application alleging a right-sided groin/muscle strain injury from lifting and moving materials in September of 2016. An administrative law judge for the Division of Hearings and Appeals of the Department of Administration held hearings on July 19, 2018 and December 3, 2018 and issued a decision on February 8, 2019, denying benefits. The applicant filed a timely petition for commission review on February 16, 2019.          The commission has considered the petition and the positions of the parties, and has independently reviewed the evidence and testimony offered at the hearing. Based on its review, the commission affirms the decision of the administrative law judge.          Findings of Fact and Conclusions of Law          The commission makes the same findings of fact and conclusions of law as stated in the decision of the administrative law judge and incorporates them by reference into the commission's decision.          Memorandum Opinion          The applicant, who was born in 1961, worked as a custodian for the respondent for about one month before he alleges that he sustained a work-related right-sided groin injury while performing services growing out of and incidental to his employment. He claims temporary total disability benefits and payment of medical expenses. In...