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...