Roberts, 062819 WIWC, 2017-007810
| Case Date | June 28, 2019 |
| Court | Wisconsin |
1. To the applicant, Gerald Roberts, the sum of Twenty-Four Thousand Six Hundred Eighteen dollars and Twenty-Two cents ($24,618.22);
2. To applicant's attorney, Dennis H. Wicht, fees in the amount of Six Thousand One Hundred Sixty-Two dollars and Fifty-Six cents ($6,162.56), and costs in the amount of Thirty-Two dollars ($32.00);
3. To Northstar Anesthesia of Kansas, LLC, medical expense in the amount of Three Thousand Two Hundred Ten dollars ($3,210.00);
4. To Providence Medical Center, medical expense in the amount of Fifty Thousand Thirty-Two dollars and Fifty-Five cents ($50,032.55);
5. To Prime Healthcare Physician Services Providence, Inc., medical expense in the amount of Three Thousand Two Hundred Sixty-Four dollars and Sixty-Two cents ($3,264.62).Jurisdiction is reserved for such further findings and orders as may be necessary. By the Commission: David B. Falstad, Commissioner, Georgia E. Maxwell, Commissioner. NOTE: Commission Chairman Michael H. Gillick did not participate in the commission's review of this matter, or in this decision. Procedural Posture On July 17, 2017, the applicant filed a hearing application claiming compensation for an alleged work-related injury to his right shoulder. The date of injury claimed was March 13, 2017. On September 24, 2018, an ALJ for the Department of Administration, Division of Hearings & Appeals, Office of Worker's Compensation Hearings, held a hearing in the matter. On October 26, 2018, the ALJ issued a decision that found a work injury to the applicant's right shoulder and ordered payment of compensation. On November 14, 2018, the ALJ issued an amended decision that corrected an error in calculation of compensation, but otherwise left the original decision's findings unchanged. The self-insured employer timely submitted a petition for commission review alleging error in the ALJ's decision. The commission has considered the petition and the positions of the parties. In doing so, it has carefully reviewed the evidence submitted at the hearing before the ALJ. Based upon its review, the commission makes the following: Findings of Fact and Conclusions of Law 1. The ALJ's Findings of Fact and Conclusions of Law are affirmed and reiterated as if set forth herein, with the following exception: Delete the first full, and second paragraphs on page 5 of the ALJ's decision and substitute the following three paragraphs therefor:
Dr. Monahan's assessment of applicant's temporary total disability lasting from March 22, 2017, to November 26, 2017, is credible. Accordingly, the applicant is entitled to temporary total disability at the applicable rate of $562.05 per week for 35 weeks and 3 days, totaling $19,952.78.
The applicant's testimony concerning his residual right shoulder symptoms, as well as the variance in the medical evaluations of the range of his current shoulder abduction, lead to a finding that as a result of the work injury, the applicant sustained six percent (6%) permanent partial disability to his right shoulder. This entitles the applicant to 30 weeks of compensation for permanent partial disability, at the applicable rate of $362.00 per week, for a total of $10,860.00.
The applicant's attorney is entitled to a 20% fee against this compensation, for a total fee of $6,194.56. Applicant's attorney is additionally entitled to reimbursement for costs in the amount of $32.00. After subtraction of the attorney fee and costs, the net amount of compensation due the applicant is $24,618.22....
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