Redell Boyd Applicant
v.
Labor Ready Midwest, Inc. Employer
Reliance Ins. Co. – WISF c/o Wis. Ins. Security Fund Insurer
No. 2000-010175
Wisconsin Workers Compensation
State of Wisconsin Labor and Industry Review Commission
July 26, 2019
WORKER’S COMPENSATION DECISION
1
Michael H. Gillick, Chairperson
Order
The
commission modifies and
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
In
December of 2018, the applicant filed a hearing application
seeking compensation for an injury to his right foot
occurring on August 18, 1999. An administrative law judge for
the Department of Administration, Division of Hearings and
Appeals, Office of Worker’s Compensation Hearings heard
the matter on May 21, 2019, and issued a decision dated May
24, 2019, dismissing the application without prejudice. The
applicant filed a timely petition for review.
The
issue is whether the applicant filed a timely application for
benefits. The commission has considered the petition and the
positions of the parties, and has independently reviewed the
evidence. Based on its review, the commission modifies and
affirms the decision of the administrative law judge.
Findings
of Fact and Conclusions of Law
As
supplemented by the commission’s memorandum
opinion,2 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,
subject to the following:
Modification
On page
2 of the decision, replace “without prejudice”
with “with prejudice.”
Memorandum
Opinion
The
applicant, who was born in 1953, alleges that he injured his
right foot on August 18, 1999, when he worked for a temporary
help employer at a warehouse and...
