EARL NEWELL Applicant
NORTHLAND EQUIPMENT CO Employer
ACUITY INSURANCE CO Insurer
No. 2019-009439
Wisconsin Workers Compensation
State of Wisconsin Labor and Industry Review Commission
September 30, 2020
Attorney Douglas A. Feldman
Attorney James A. Meier
WISCONSIN
WORKERS COMPENSATION 1
Michael H. Gillick, Chairperson
Interlocutory
Order
The
commission modifies, and as modified, affirms the decision of
the administrative law judge (ALJ) issued in this matter on
January 28, 2020. The commission's modifications include
the updated Interlocutory Order as set forth below.
Modifications
1. In
the first sentence of the second paragraph on page 2 of the
ALJ's decision, substitute "February 9, 2019"
for February 2, 2019."
2.
Delete the ALJ's INTERLOCUTORY ORDER set forth at the end
of his decision, and substitute therefor the commission's
UPDATED INTERLOCUTORY ORDER set forth immediately below. The
updated interlocutory order reflects updated computation of
amounts due.
UPDATED
INTERLOCUTORY ORDER
Within
30 days from this date, Northland Equipment Company and
Acuity Insurance Company (respondents) shall pay to the
applicant the sum of Thirty-four Thousand Six Hundred
Fifty-Eight dollars and Thirty-Nine cents ($34,658.39); to
the providers listed on Applicant's Exhibit E, the unpaid
medical expenses as enumerated therein; to the applicant as
reimbursement for out-of-pocket medical expense, the sum of
Ninety dollars ($90.00); and to applicant's attorney,
James A. Meier, fees in the amount of Twelve Thousand Three
Hundred Sixty dollars and Eighty cents
($12,360.80),2 and costs in the amount of Fifty-Six
dollars ($56.00).
Beginning
on October 28, 2020, respondents shall additionally pay to
the applicant the monthly amount of One Thousand Five Hundred
Sixty-Eight dollars and Sixty-Seven cents ($1,568.67), until
the currently-unaccrued balance of Fifteen Thousand One
Hundred Seven dollars and Forty-Seven cents ($15,107.47) has
been paid.
The
commission affirms the rest and remainder of the ALJ's
decision.
By the
Commission:
David
B. Falstad, Commissioner, Georgia E. Maxwell, Commissioner
Procedural
Posture
On
April 23, 2019, the applicant filed a hearing application
claiming that on an injury date of May 2, 2019, he sustained
a compensable occupational back injury as a result of his
employment exposure at Northland Equipment Company
(employer). Respondents disputed the claim and on December
12, 2019, an ALJ of the Department of Administration,
Division of Hearings and Appeals, Office of Worker's
Compensation Hearings held a hearing. On January 28, 2020,
the ALJ issued a decision which found that the applicant did
sustain the occupational injury as claimed. The ALJ's
decision included an Interlocutory Order requiring
respondents to pay compensation as ordered, including medical
expense. Respondents timely submitted a petition for
commission review...
