00-3548 Vidal and Tork d/b/a Buena Vista Berries v. Labor and Industry Review Commission

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Upon receiving new medical evidence, the LIRC issued an order, dated March 6, 2000, and April 28, 2000, which collectively set aside and remanded a March 5, 1999, compensation order. The employer requested reinstatement of the original order, claiming lack of jurisdiction based on the expiration of the one-year period in which LIRC may set aside orders.

Because we find that this jurisdictional issue may be reviewed in an action brought on a subsequent award or denial of compensation in this case, we find that common law certiorari is not available.

We are mindful of the fact that much time and expense might be saved if the courts would decide at this time that the commission had exceeded its jurisdiction; however, this consideration is outweighed by the resultant delay that would accompany review of these agency determinations and the disruption of the agency’s orderly process of adjudication in reaching its ultimate determination.

Affirmed.

Appeal from a judgment of the Circuit Court for Dane County, Ebert, J., Bablitch, J.

Attorneys:

For Appellant: Daniel L. Zitzer, Joseph Berger, Milwaukee

For Respondent: Stephen M. Sobota, James E. Doyle