Harrell, 062819 WIWC, 2017-007583

• Case Date: June 28, 2019
• Court: Wisconsin

Kelly Harrell Applicant Del Monte Foods Employer No. 2017-007583 Wisconsin Workers Compensation State of Wisconsin Labor and Industry Review Commission June 28, 2019           Attorney William E. Parsons           Attorney David A. Piehler           Attorney Amanda M. Kuklinski           WORKER'S COMPENSATION DECISION 1           Michael H. Gillick, Chairperson.          Order          The commission affirms the decision of the administrative law judge (ALJ) subject to the following modifications. Accordingly, the decision of the ALJ is upheld and the application is dismissed.          By the Commission:           David B. Falstad, Commissioner, Georgia E. Maxwell, Commissioner.          Modifications          The third and fourth sentences of second paragraph, first full paragraph, on page 6 of the decision are removed.          The rest and remainder of the ALJ's findings are affirmed and reiterated as if set forth herein.          Procedural Posture          This case is before the commission to consider the applicant's entitlement to worker's compensation benefits related to back injuries alleged to have been sustained in 2006. An administrative law judge (ALJ) for the Division of Hearings and Appeals of the Department of Administration held a hearing January 18, 2018 and issued a decision on May 25, 2018. A timely petition for commission review was filed by the applicant on June 11, 2018. 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 agrees with the decision of the ALJ, and it adopts the findings and conclusion in that decision as its own with the one modification outlined above.          Memorandum Opinion          The applicant in her briefs to the commission raised concerns the ALJ may have relied upon facts not in the medical records, citing two points in the ALJ opinion that appear to deviate from the facts in the medical records and the opinions of the...