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...