Thompson, 062819 WIWC, 2017-013909

Case DateJune 28, 2019
CourtWisconsin
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...

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