BRENDA K. SITRON Applicant
GRAND GENEVA SPA & RESORT Employer
ZURICH AMERICAN INS CO Insurer
No. 2001-041348
Wisconsin Workers Compensation
State of Wisconsin Labor and Industry Review Commission
July 30, 2020
Attorney Edward W. Stewart.
WORKER’S
COMPENSATION DECISION
Michael H. Gillick, Chairperson.
Order
The
commission hereby rewrites and affirms the decision of the
administrative law judge (ALJ) issued in this matter on April
9, 2020.1 Accordingly, the application is
dismissed with prejudice.
By the
Commission:
David
B. Falstad, Commissioner, Georgia E. Maxwell, Commissioner.
Procedural
Posture
The
applicant filed a timely petition for commission review of
the ALJ's decision issued on April 9, 2020. All prior
procedural history in the matter is set forth below in the
commission's findings.
The
commission has reviewed the evidence submitted in this matter
by taking of administrative notice of the files of the
Department of Workforce Development, Division of Worker's
Compensation, and the files of the Department of
Administration, Division of Hearings and Appeals, Office of
Worker's Compensation Hearings. The parties have not
disputed this procedure. The commission has additionally
considered the arguments set forth by the applicant in her
petition and correspondence; and considered the position
taken by Grand Geneva Spa & Resort and Zurich American
Insurance Company (collectively the respondents). Based upon
its review and analysis, the commission makes the following:
Findings
of Fact and Conclusions of Law
1. The
applicant suffered a conceded left shoulder injury in a
workplace fall that occurred on August 30, 2001. Temporary
disability, 5% permanent partial disability at the left
shoulder, and medical expenses were paid. However, the
applicant claimed that she had additionally sustained
neck/back and foot injuries during the fall, and she filed a
hearing application dated April 8, 2008. She subsequently
amended this application to include a claim for a safety
violation under Wis. Stat. §102.57, but she did not
continue to pursue that claim.
2. In
September of 2008, the applicant submitted a WKC-16-B from
Michael M. Moralez, D.C., dated August 16. 2002, which on its
face supported the applicant's claim for a work-related
neck injury, as well...
