Garnett Thompson Applicant
Daniels Sharpsmart, Inc. Employer
Zurich American Insurance Co. Insurer
No. 2017-013909
Wisconsin Workers Compensation
State of Wisconsin Labor and Industry Review Commission
June 28, 2019
Attorney Daniel Kelley
Attorney Stanley Lowe
WORKER'S COMPENSATION DECISION
1
Michael H. Gillick, Chairperson.
Order
The
commission affirms the decision of the
administrative law judge. Accordingly, the employer and its
insurance company, collectively respondent, shall pay to the
applicant the compensation ordered to be paid to him in the
ALJ's Interlocutory Order; and to the applicant's
attorney, Daniel J. Kelley, the fees and costs ordered to be
paid him in the ALJ's Interlocutory Order.
By the
Commission:
David
B. Falstad, Commissioner, Georgia E. Maxwell, Commissioner
Procedural
Posture
This
case is before the commission to consider the applicant's
entitlement to worker's compensation benefits related to
a neck injury sustained by the applicant. An administrative
law judge (ALJ) for the Division of Hearings and Appeals of
the Department of Administration held a hearing on March 6,
2018 and issued a decision on June 11, 2018. A timely
petition for commission review was filed.
The
commission has considered the petition and the positions of
the parties, and has reviewed the evidence submitted at the
hearing. Based on its review, the commission agrees with the
decision of the ALJ, and it adopts the findings and
conclusion in that decision as its own.
Memorandum
Opinion
The
respondents in their brief in support of the petition for
review cites numerous medical facts from the record. However,
it isn't until the very end of the brief at page four,
that a legal argument is made for the commission to reverse
the decision of the ALJ. There the respondents quote
Bumpas v. DILHR, 95 Wis.2d 334, 342, 290 N.W.2d 504,
507 (1980): "The great weight of the medical evidence in
this case, including the opinions of...