Dickson v. Lake Shore Burial Vault Co Inc., 072619 WIWC, 2017-017114

Case DateJuly 26, 2019
CourtWisconsin
BOBBY DICKSON Applicant
v.
LAKE SHORE BURIAL VAULT CO INC. Employer
No. 2017-017114
Wisconsin Workers Compensation
State of Wisconsin Labor and Industry Review Commission
July 26, 2019
          Attorney Paul M. Erspamer           Attorney Paul D. Christensen           WORKER’S COMPENSATION DECISION 1           Michael H. Gillick, Chairperson.          Interlocutory Order          The commission affirms the decision of the administrative law judge issued in this matter on September 25, 2018. Accordingly, within 30 days from this date Lake Shore Burial Vault Company, Inc. (employer) shall pay to the applicant the sum of Six Thousand One Hundred Eighty-Eight dollars ($6,188.00); and to applicant's attorney, Paul M. Erspamer, fees in the amount of One Thousand Five Hundred Forty-Seven dollars ($1,547.00).          Jurisdiction is reserved with respect to the employer's potential liability for additional lost wages, up to a maximum additional amount of Fourteen Thousand One Hundred Five dollars ($14,105.00). Attorney Erspamer would be entitled to a twenty-percent fee against any additional penalty amount assessed.          By the Commission:           David B. Falstad, Commissioner, Georgia E. Maxwell, Commissioner          Procedural Posture          On June 14, 2018, the applicant filed a hearing application and certificate of readiness alleging that the employer unreasonably refused to rehire (discharged) him subsequent to the conceded work injury of April 14, 2017. On September 5, 2018, an administrative law judge (ALJ) of the Department of Administration, Division of Hearings and Appeals, Office of Worker's Compensation held a hearing in the matter. On September 25, 2018, the ALJ issued a decision finding that the employer had unreasonably refused to rehire the applicant, within the meaning of Wis. Stat. § 102.35(3). The ALJ ordered payment of a penalty amount and left the order interlocutory with respect to the possibility of additional liability under the statute.          The commission has reviewed the evidence submitted at the hearing before the ALJ and considered the petition and the positions of the parties. Based on its review and analysis, the commission agrees with the decision of the ALJ and adopts the findings and conclusion in that decision as its own.          Memorandum Opinion          The applicant began his employment as a laborer for the employer in October of 2015. He performed various tasks involved in the employer's manufacture of concrete burial vaults and septic tanks. He sustained a conceded injury to the middle finger of his right hand on April 14, 2017. The injury occurred when the tip of his finger was crushed and lacerated by a concrete burial vault mold. After surgical repair the applicant was referred to a hand specialist, Curtis Crimmins, M.D. Dr. Crimmins treated the applicant from April 25, 2017, until releasing him with a permanency rating on August 30, 2017. The employer...

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