KEVIN D WARLOW Applicant
BARTLET CUSTOM AUTOMOTIVE INC Employer
No. 2017-001711
Wisconsin Workers Compensation
State of Wisconsin Labor and Industry Review Commission
August 15, 2019
Attorney Samuel R. Liverseed
Attorney Karla A. Walther
WORKER’S COMPENSATION DECISION
1
Michael H. Gillick, Chairperson.
Interlocutory
Order
The
commission reverses the decision of the administrative law
judge (ALJ) issued in this matter on November 19, 2018.
Accordingly, within 30 days from this date, the employer
shall pay to the applicant lost wages in the amount of
Eighteen Thousand Seven Hundred Ninety-Two dollars and
Thirty-Seven cents ($18,792.37); and to applicant's
attorney, Samuel R. Liverseed, fees in the amount of Four
Thousand Seven Hundred Ninety dollars and Fifteen cents
($4,790.15), and costs in the amount of Seventy-Three dollars
and Sixty-Five cents ($73.65).
The
above amounts constitute payment of an award for lost wages
from February 28, 2017, through June 18, 2018. The employer
is additionally liable for lost wages that have accrued or
may accrue after the latter date, subject to the statutory
dollar limit of one year's lost wages, which in this case
amounts to the sum of Forty-Five Thousand Seven Hundred
Twenty-One dollars and Fifty-Two cents ($45,721.52). The
current, potential additional liability is therefore
Twenty-Two Thousand Sixty-Five dollars and Thirty-Five cents
($22,065.35).
The
applicant may submit a summary of any additional lost wages
to the employer, and payment shall be made within 30 days of
such submission, subject to the employer's right to
contest the submission's accuracy. The issue of the
employer's liability pursuant to Wis. Stat. §
102.35(3), is herein determined on a final basis, and shall
not be relitigated. Eighty percent of any additional payment
shall be made to the applicant, and twenty percent of such
payment shall be made to Attorney Liversteen for his fee.
Jurisdiction
is reserved with respect to the potential for additional lost
wages until the statutory limit of $45,721.15 may be reached.
By the
Commission:
David
B. Falstad, Commissioner, Georgia E. Maxwell, Commissioner
Procedural
Posture
On
October 4, 2017, the applicant submitted a hearing
application that included a claim that the employer, Bartelt
Custom Automotive, Inc., unreasonably refused to rehire him
after he reached healing from his conceded work injury of
January 9, 2017. Recovery of lost wages was sought pursuant
to Wis. Stat. § 102.35(3). On August 29, 2018, a hearing
was held...
