RICHARD ASMUNDSEN Applicant
RIVER VIEW CONSTRUCTION INC Employer
ACUITY INSURANCE CO Insurer
No. 2017-014722
Wisconsin Workers Compensation
State of Wisconsin Labor and Industry Review Commission
August 15, 2019
Attorney Jeffrey J. Strande
Attorney Michael H. Gillick
WORKER’S COMPENSATION DECISION
1
Interlocutory
Order
The
commission affirms the decision of the administrative law
judge (ALJ) issued in this matter on November 26, 2018.
Accordingly, within 30 days from this date, River view
Construction, Inc. and Acuity Insurance Company (respondents)
shall pay the disability compensation, attorney fees and
costs, and medical treatment and reimbursement expenses
detailed in the ALJ's Interlocutory Order dated November
26, 2018. As additionally set forth in the ALJ's
Interlocutory Order, if the applicant undergoes the procedure
recommended by Dr. Murch in his treatment note of January 17,
2017, respondents shall pay the expenses reasonably required
for that procedure, as well as the reasonably required
expense for follow-up care.
Jurisdiction
is reserved for such further findings and orders as may be
necessary.
NOTE:
Commission Chairman Michael H. Gillick took no part in the
commission's review process or in its decision issued in
this matter.
By the
Commission:
David
B. Falstad, Commissioner
Georgia E. Maxwell, Commissioner
Procedural
Posture
On June
22, 2017, the applicant submitted a hearing application
claiming compensation for a right arm/shoulder injury arising
out of and in the course of his employment with the employer.
The date of injury claimed was June 15, 2016. On April 18,
2018, and October 10, 2018, an ALJ for the Department of
Administration, Division of Hearings and Appeals, Office of
Worker's Compensation, held hearings in the matter. On
November 26, 2018, the ALJ issued an interlocutory decision
finding that on June 14, 2016, the applicant sustained a
compensable right shoulder injury. The ALJ ordered payment of
disability compensation, attorney fees and costs, and medical
expense, as well as prospective liability for a claimed
medical procedure. Respondents timely submitted a petition
for commission review alleging error in the ALJ's
decision.
The
commission has reviewed the evidence submitted at the
hearings, and has considered the petition and the positions
of the parties. Based upon its review and analysis of the
evidence, and of the applicable law, the commission has
affirmed and adopted as its own the findings and conclusions
of the ALJ.
Memorandum
Opinion
The
applicant was 52 years old when he injured his right shoulder
while performing PVC pipe fusing duties on June 14, 2016. The
pipe fusing task involved loading 20-foot-long,
6-inch-diameter sections of PVC pipe onto a device, manually
securing the pipes with mechanical clamps, operating the
device to shave the...