SHAYNE PAGLES Applicant
v.
DEDICATED FLEET SERVICES LLC Employer
ERIE INSURANCE EXCHANGE Insurer
No. 2018-004779
Wisconsin Workers Compensation
State of Wisconsin Labor And Industry Review Commission
February 21, 2019
WORKER’S COMPENSATION SET ASIDE AND REMAND
ORDER
Georgia E. Maxwell, Chairperson
Set
Aside and Remand Order
The
commission sets aside the default order issued by the
administrative law judge (ALJ) in this matter on December 11,
2018. The commission remands the matter to the Department for
opportunity for hearing with respect to the issue of whether
or not the employer inexcusably delayed giving notice to the
insurer of the applicant's claim of a work-related injury
occurring on December 1, 2017, and whether or not a penalty
should be assessed against the employer pursuant to Wis.
Stat. §102.22(1). Thereafter, the Department shall make
new findings and issue a new order with respect to the
inexcusable delay issue.
By the
Commission:
David
B. Falstad, Commissioner
Procedural
Posture
On
December 11, 2018, a Department ALJ issued a default order
assessing a penalty against the employer in the amount of
$693.34 for inexcusable delay pursuant to Wis. Stat.
§102.22(1). The employer filed a timely petition for
commission review, disputing the penalty assessment.
The
commission considered the petition and the department file
submitted in this matter, and after careful consideration,
has issued the Set Aside and Remand Order set forth above.
Memorandum
Opinion
No
hearing was held in this matter, and therefore the commission
will make no specific findings of fact. However, it appears
from the department file submitted to the commission that the
department sent a letter to the employer, Dedicated Fleet
Services, LLC, dated March 27, 2018. The letter indicated
that it appeared that payment of worker's compensation to
the applicant had been delayed due to the employer's
failure to [1] promptly report the applicant's
work injury to the insurer. The letter requested...
