DEBORAH L JANECK Applicant
v.
COLUMBIA FOREST PRODUCTS INC Employer
LIBERTY MUTUAL FIRE INS CO Insurer
No. 2016-000117
Wisconsin Workers Compensation
State of Wisconsin Labor And Industry Review Commission
July 26, 2019
Attorney Curtiss N. Lein
Attorney Jessica Almaar
WORKER’S COMPENSATION DECISION
1
Michael H. Gillick, Chairperson.
Order
The
commission affirms the decision of the
administrative law judge (ALJ) issued in this matter on
November 6, 2018. Accordingly, the application is dismissed
on a final basis.
By the
Commission:
David
B. Falstad, Commissioner, Georgia E. Maxwell, Commissioner
Procedural
Posture
On
December 21, 2015, the applicant submitted an application for
hearing alleging that she had sustained an occupational right
shoulder injury arising out of her employment with the
employer. The date of injury claimed was February 6, 2015. A
hearing was held on April 24, 2018, before an ALJ of the
Department of Administration, Division of Hearings and
Appeals, Office of Worker's Compensation Hearings, and
the record was closed after submission of a post-hearing
exhibit on August 13, 2018. On November 6, 2018, the ALJ
issued a decision dismissing the applicant's claim. The
applicant submitted a timely petition for commission review
alleging error in the ALJ's decision.
The
commission has reviewed the evidence submitted at the
hearing, and in doing so considered the positions of the
parties as briefed before the commission. Based on its review
and analysis, the commission agrees with the decision of the
ALJ. The commission adopts the findings and conclusions in
that decision as its own.
Memorandum
Opinion
The
commission carefully weighed the evidence supporting the
applicant's right shoulder injury claim against the
evidence that her shoulder condition was not causally related
to her work exposure with the employer. The commission was
left with a legitimate doubt that there was work causation.
...
