Grosenick v. Professional Detailing Network Inc Publicis Touchpoint Solutions, 112018 WIWC, 2013-012166

• Case Date: November 20, 2018
• Court: Wisconsin

MARY E GROSENICK Applicant v. PROFESSIONAL DETAILING NETWORK INC PUBLICIS TOUCHPOINT SOLUTIONS Employer XL SPECIALTY INSURANCE COMPANY C/O GALLAGHER BASSETT SERVICES INC Insurer Claim No. 2013-012166 Wisconsin Workers Compensation State of Wisconsin Labor And Industry Review Commission November 20, 2018           WORKER’S COMPENSATION SET ASIDE AND REMAND ORDER           Georgia E. Maxwell, Chairperson          Remand Order          The commission sets aside the decision of the administrative law judge issued in this matter on March 8, 2018, and remands the matter for new hearing and new decision.          By the Commission:           Laurie R. McCallum, Commissioner           David B. Falstad, Commissioner          Procedural Posture          On December 7, 2015, the applicant filed a hearing application seeking additional compensation for a conceded injury sustained while the applicant was working for the employer on April 22, 2013. Professional Detailing Network, Inc. and XL Specialty Insurance (respondents) disputed the claim for additional compensation. An administrative law judge for the Department of Administration, Division of Hearings and Appeals, Office of Worker's Compensation Hearings held a hearing in the matter on February 6, 2018, and closed the record on February 21, 2018.          On March 8, 2018, the ALJ issued a decision in the matter. On March 21, 2018, the applicant filed a timely petition for review.          The commission has considered the petition and the positions of the parties, and it has reviewed the proceedings before the ALJ. Based on its review, the commission has set aside the ALJ's decision and remanded the matter for new hearing and a new decision. The reasons for the commission's action are set forth below.          Memorandum Opinion          The record demonstrates that the applicant failed to submit some or all of her proposed medical evidence to the respondents prior to the hearing date of February 6, 2018. ^[1]Wis. Stat. § 102.17(1)(d)3., provides in relevant part:

The division may not admit into evidence a certified report of a practitioner or other expert or a record of a hospital or sanatorium that was not filed with the division and all parties in interest at least 15 days before the date of the hearing, unless the

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