DANNY WEBB Applicant
JB 2 SERVICES LLC ATTN PERLSON Employer
No. 2018-020882
Wisconsin Workers Compensation
State of Wisconsin Labor and Industry Review Commission
August 15, 2019
Attorney Alex E. Eichhorn
WORKER’S COMPENSATION ORDER
Michael H. Gillick, Chairperson.
Order
The commission sets aside the decision of the administrative
law judge issued in this matter on July 10, 2019, and remands
the matter to the Department of Administration, Division of
Hearings and Appeals, Office of Worker's Compensation
Hearings for opportunity for new hearing with respect to the
issue of unreasonable refusal to rehire under Wis. Stat.
§102.35(3).
By the
Commission:
David
B. Falstad, Commissioner, Georgia E. Maxwell, Commissioner
Procedural
History
The
relevant procedural history is set forth below, as one
element of the commission's Memorandum Opinion.
Memorandum
Opinion
The
file before the commission demonstrates that on September 13,
2018, the applicant submitted a hearing application that
claimed a work-related injury to his "foot." The
date of injury claimed was February 6, 2018. On October 18,
2018, the Department of Workforce Development, Worker's
Compensation Division served the employer, JB 2 Services,
LLC, with a copy of the application. Wis. Admin. Code §
DWD 80.05(1), directs the party who is served with a hearing
application to submit an answer to the application within 20
days of such service. It appears that no answer was filed by
the employer.
On
January 7, 2019, an administrative law judge (ALJ) of the
Department of Administration, Division of Hearings &
Appeals, Office of Worker's Compensation sent the
employer a letter noting that it had failed to submit an
answer to the applicant's application. This letter refers
to the applicant's claim for "lost wages,"
which would be consistent with a claim for unreasonable
refusal to rehire under Wis. Stat. § 102.35(3). The file
before the commission does not contain a copy of any
correspondence or formal amendment to...
