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Wisconsin Supreme Court Holds that Worker’s Compensation Carrier’s Settlement With Third Party Tortfeasor Binds the Employee to the Terms of the Settlement

Posted on August 1, 2014 by

Under Worker’s Compensation, an injured employee receives benefits on a “no-fault” basis and the employer receives immunity from civil suit for damages. When a third party’s negligence causes or contributes to the employee’s injury, however, the third party is fair game to be sued by the injured employee and/or the employer’s worker’s compensation carrier (or […]

Wisconsin Worker’s Compensation Policy Favors Immunity From Suit

Posted on July 14, 2014 by

When the Worker’s Compensation Act was adopted in Wisconsin the quid pro quo were no-fault benefits to the employee and protection to the employer against lawsuits. Wisconsin courts have consistently upheld the employers’ end of the bargain. The Wisconsin Court of Appeals did so again in Hurt v. Cole, 2014 WL 3056165 decided on July […]

Quality and Cost Provider Scoring

Posted on June 19, 2014 by

Very recently, we have seen commercial payors begin to roll out provider scoring systems. Information about the specifics of these systems is still developing, so I am not providing details at this time. Some of you may have already encountered this issue in connection with United Health’s provider tiering system. Under this scoring system, payors […]

Inherited IRAs are Not Protected From Bankruptcy Creditor Claims

Posted on June 13, 2014 by

Generally, federal and state bankruptcy laws protect traditional individual retirement accounts (IRAs) from creditor claims. Courts have differed, however, on whether those laws also protect an IRA that is inherited (an “inherited IRA”) by a child or other beneficiary of the account owner. Historically, Wisconsin courts have taken the position that inherited IRAs are not […]

Is Life Insurance a Suitable Investment? Trustees No Longer Required to Monitor Suitability

Posted on May 19, 2014 by

Under existing Wisconsin law, the trustee of an irrevocable trust that owns life insurance contracts is required to monitor the contracts to determine whether they are suitable investments for the trust and, if necessary, to take steps to prevent the lapse of the insurance coverage. These requirements apply whether or not the trustee was involved […]

E-Z Legal Form Results in Uneasy Post-Death Issues

Posted on May 1, 2014 by

Have you ever seen fill-in-the-blank wills online or in a bookstore? They are inexpensive and can be completed relatively quickly. Unfortunately, those forms are not personalized to meet your estate planning needs and they may lack provisions that are essential to disposing of your assets upon your death in accordance with your wishes. The Florida […]

New Implements of Husbandry Bill Now in Effect

Posted on April 28, 2014 by

In an effort to modernize state law with regard to the operation of farm machinery, Governor Scott Walker signed Act 377, often referred to as the “Implements of Husbandry Bill,” on April 24, 2014. Act 377 increases weight limits and size restrictions for implements of husbandry (IoHs), eliminates restrictions on hours of operation, revises the […]

2015 Health Savings Account Cost of Living Adjustments

Posted on April 23, 2014 by

The Internal Revenue Service today announced the cost-of-living adjustments for the HSA contribution limits and for High Deductible Health Plan (HDHP) deductibles and out-of-pocket maximums for 2015. HSA/HDHP Requirement  Cost-of-Living Adjustments Limit on HSA Contributions – Self-only HDHP 2014 – $3,300 2015 – $3,350 Limit on HSA Contributions – Family HDHP 2014 – $6,550 2015 […]

No More Friend Me or You’re Fired: Walker Signs Bill to Regulate Employer Access to Employee Social Media Sites

Posted on April 11, 2014 by

On April 8, Gov. Scott Walker signed the Wisconsin Social Media Protection Act. Prudent Wisconsin employers should make sure to understand how this law affects both workplace and recruiting practices. With some exceptions, the Wisconsin Social Media Protection Act prohibits employers from requesting that employees provide passwords for (or any access to) an employee’s personal […]

Clothing Optional? The US Supreme Court Rules Employers Need Not Pay Workers for Time Spent Putting On/Taking Off Protective Gear

Posted on January 27, 2014 by

Today the United States Supreme Court held that time spent “donning and doffing” protective clothing is not compensable under the Fair Labor Standards Act. In Sandifer v. United States Steel Corp, Sandifer and other steelworkers filed a putative collective action under the Fair Labor Standards Act (the Act), seeking back pay for time spent donning […]