BRETT MENDOLA Applicant
CITY OF OAK CREEK Employer
CITIES & VILLAGES MUTUAL INS CO Insurer
No. 2019-006039
Wisconsin Workers Compensation
State of Wisconsin Labor and Industry Review Commission
August 7, 2020
Attorney Christopher M. MacGillis
Attorney Richard E. Ceman, Jr.
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 October 25, 2019.
Accordingly, the application is dismissed.
By the
Commission:
David
B. Falstad, Commissioner, Georgia E. Maxwell, Commissioner.
Procedural
Posture
On
March 13, 2019, the applicant filed a hearing application
claiming an occupational injury in the form of lead toxicity,
allegedly attributable to the effects of his employment with
the employer, City of Oak Creek. The City of Oak Creek and
Cities & Villages Mutual Insurance Company (respondents)
disputed the claim, and on August 12, 2019, an ALJ of the
Department of Administration, Division of Hearings &
Appeals, Office of Worker's Compensation Hearings held a
hearing in the matter. On August 28, 2019, a post-hearing
deposition was taken of Carol Brown, D.O., and Dr.
Brown's deposition was entered into the record. On
October 25, 2019, the ALJ issued a decision dismissing the
application. The applicant timely submitted a petition for
commission review alleging error in the ALJ's decision.
The
commission has reviewed the evidence submitted in the hearing
proceeding, including Dr. Brown's deposition. The
commission has also considered the arguments presented in the
petition and in the parties' briefs to the commission.
Based upon its review and analysis, the commission has
affirmed the findings and conclusions of the ALJ's
decision, and it has adopted that decision as its own.
Memorandum
Opinion
In this
Memorandum Opinion, the commission makes findings either
identical to, or consistent with the ALJ's findings. The
commission makes these findings in order that the parties may
fully understand its decision to affirm the ALJ's
decision.
The
applicant was born on October 21, 1972, and he began his
employment as a police officer for the employer in January of
1996. In 2008, he became a member of the employer's SWAT
team, and that required him to engage in more than twice as
much firearm practice as regular officers. He practiced at
the employer's indoor shooting range, and up until 2016,
he assisted in picking up brass and sweeping the floor after
shooting practice. In 2003, a police lieutenant and two
sergeants sent a memorandum to the individual who was the
Police Chief at that time, in which they expressed concern...
