Asmundsen, 081519 WIWC, 2017-014722

Case DateAugust 15, 2019
CourtWisconsin
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...

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