Colker, 121418 WIWC, 2017-004629

• Case Date: December 14, 2018
• Court: Wisconsin

ANDI S COLKER Applicant CITY OF WAUPUN POLICE DEPT Employer CITIES & VILLAGES MUNICIPAL MUTUAL INS CO Insurer No. 2017-004629 Wisconsin Workers Compensation State of Wisconsin Labor and Industry Review Commission December 14, 2018           Attorney William E. Parsons           Attorney Matthew D. Robles           Attorney Richard E. Ceman, Jr.           WORKER’S COMPENSATION DECISION 1           Georgia E. Maxwell, Chairperson.          Order          The commission affirms the decision of the administrative law judge subject to the following:          Modification          Add the following paragraph at the end of the ALJ's FINDINGS OF FACT AND CONCLUSIONS OF LAW:

Even had the work incident in question exposed the applicant to stress out of the ordinary from the day-to-day emotional strains and tensions all similarly situated employees (in this case police officers) must be expected to experience in the performance of their job duties, the applicant's claim would be dismissed based upon Dr. Grunert's credible medical opinion of August 28, 2017.

         The rest and remainder of the ALJ's findings are affirmed and reiterated as if set forth herein.           Laurie R. McCallum, Commissioner, David B. Falstad, Commissioner          Procedural Posture          The applicant filed a hearing application dated February 16, 2017, in which she claimed permanent total disability attributable to a nontraumatic mental injury that allegedly arose out of a work incident occurring on May 5, 2006. City of Waupun Police Department and Cities & Villages Municipal Mutual Ins. Co. (respondents) submitted an answer to the petition, and on December 7, 2017, and April 24, 2018, hearings were held before an administrative law judge (ALJ) of the Department of Administration, Division of Hearings and Appeals, Office of Worker's Compensation Hearings. On July 20, 2018, the ALJ issued a decision dismissing the application. The applicant thereafter timely filed a petition for commission review of the ALJ's decision.          The commission has considered the petition and the positions of the parties, and has reviewed the evidence submitted at the hearing. Based on its review the commission has affirmed the ALJ's findings and conclusions, with the above-stated...