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Dolly Lisney v. Labor & Industry Review

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eBook details

  • Title: Dolly Lisney v. Labor & Industry Review
  • Author : Supreme Court of Wisconsin
  • Release Date : January 01, 1992
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 71 KB

Description

This is a review of a published decision of the court of appeals, Lisney v. LIRC, 165 Wis. 2d 628, 478 N.W.2d 55 (Ct. App. 1991). The court of appeals affirmed an order of the Labor and Industrial Review Commission (LIRC), which the Vernon County Circuit Court, Michael J. Rosborough, Circuit Judge, had affirmed. LIRC had dismissed with prejudice Dolly Lisney's claim dated June 27, 1988, for the payment of medical expenses incurred as a result of a work-related injury. LIRC concluded that it had no jurisdiction to consider the claim because the Worker's Compensation Division had decided Dolly Lisney's claim for the same work-related injury in a final order of November 9, 1984. The Worker's Compensation Division order was not an interlocutory order, nor did it reserve jurisdiction on any issues (including liability for future medical expenses). The issue of law presented to this court is whether LIRC's order of dismissal violates sec. 102.42(1), Stats. 1989-90, of the Worker's Compensation Act. Section 102.42(1), provides in relevant part that "he employer shall supply such medical, surgical, chiropractic, psychological, podiatric, dental and hospital treatment . . . as may be reasonably required to cure and relieve from the effects of the injury . . . The obligation to furnish such treatment and appliances shall continue as required to prevent further deterioration in the condition of the employe or to maintain the existing status of such condition whether or not healing is completed." 1


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