Posey, 031119 WIWC, 2017-017096

• Case Date: March 11, 2019
• Court: Wisconsin

ANGELIQUE POSEY Applicant REINDL BINDERY CO INC Employer FEDERATED MUTUAL INS CO Insurer No. 2017-017096 Wisconsin Workers Compensation State of Wisconsin Labor and Industry Review Commission March 11, 2019           Attorney Mathew C. Siderits           Attorney Ryan J. Courtney           Attorney Lisa N. Truitt           WORKER’S COMPENSATION DECISION 1           GEORGIA E. MAXWELL, CHAIRPERSON.          Interlocutory Order          The commission modifies, and as modified affirms the decision of the administrative law judge (ALJ) issued in this matter on March 1, 2018. Accordingly, within 30 days from this date, Reindl Bindery Company, Inc. and Federated Mutual Insurance Company (respondents) shall pay disability compensation to the applicant, medical expense to the providers, reimbursement of medical expense to the applicant, and attorney fees and costs, all as set forth in the ALJ's Interlocutory Order dated March 1, 2018.          Jurisdiction is reserved for such further findings and orders as may be warranted.          The following are the commission's modifications to the ALJ's decision:          Modifications          Delete the second and third paragraphs on page 5 of the ALJ's decision (the third paragraph extends to page 6 of the decision), and substitute the following paragraph therefor:

Prior to the applicant's filing of an application for hearing, Supervisor Leintz personally was unaware of the fact that the applicant was claiming a work-related injury to her back. However, he was aware of the fact that she had a back problem, he accommodated her work restrictions related to that problem, and he was aware of her back surgery.

         Delete the first sentence of the final paragraph on page 6 of the ALJ's decision and substitute the following sentences therefor:          Due to her appreciable period of work place exposure with the employer, the applicant sustained an occupational back injury. The compensable date of this occupational injury was June 21, 2016.          Delete the sentence that begins in the third line from the bottom of page 6 of the ALJ's decision.          By the Commission:           David B. Falstad, Commissioner          Procedural Posture          On July 20, 2017, the applicant filed a hearing application seeking compensation for a work-related back injury. The date of injury alleged was June 21, 2016. On December 5, 2017, an administrative law judge (ALJ) [for the Department of Administration, Division of Hearings and Appeals, Office of...