Schnering, 080720 WIWC, 2019-006038

Case DateAugust 07, 2020
CourtWisconsin
ASHLEY N SCHNERING Applicant
CITY OF OAK CREEK Employer
CITIES & VILLAGES MUTUAL INS CO Insurer
No. 2019-006038
Wisconsin Workers Compensation
State of Wisconsin Labor and Industry Review Commission
August 7, 2020
          Attorney Christopher J. 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, Ashley N. Schnering, filed a hearing application claiming that she sustained an occupational injury in the form of toxic lead exposure causally related to her work with the employer, the City of Oak Creek. The claimed date of injury was November 1, 2017. The City of Oak Creek and Cities and Villages Mutual Insurance Company (respondents) disputed the claim. On August 12, 2019, a hearing was held before an ALJ of the Department of Administration, Division of Hearings and Appeals, Office of Worker's Compensation Hearings. 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 January 29, 1985, and she began working as a police officer for the employer in 2008. In 2016, she assumed new duties as training coordinator at the employer's shooting range. These duties substantially increased the amount of time she spent at the range. She often worked at the range several days per month for up to 8 hours per day, assisting officers with their firearm training. She also performed maintenance duties at the range, such as picking up brass, sweeping up residue, and cleaning/changing filters that collected lead and other substances from the ventilation system.          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...

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