Posted on March 5, 2021 by Ruder Ware Alumni
Blog
On February 25, 2021, Governor Tony Evers signed 2021 Wisconsin Act 4 (“Act”). The Act became effective on February 26, 2021. The Act, in part, created broad immunity to civil liability related to exposure of COVID-19 for companies under Wisconsin Statute section 895.476 (“Statute”). The full Act is available here. Worker’s compensation is still the […]
Posted on November 11, 2020 by Sara J. Ackermann
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Last night, after his primetime address, Governor Evers issued Executive Order #94 which advises residents to stay home and take precautions if they have to leave their home. It also encourages businesses to take additional steps to protect workers, customers, and the surrounding community. While the document is entitled as an “Order” there is no […]
Posted on July 13, 2017 by Ruder Ware Alumni
Blog
Wisconsin’s exclusive remedy of worker’s compensation has long been a bulwark against civil suits brought by employees (subject to a few narrow exceptions not applicable here). This bulwark has survived a creative attack in an asbestos case in Pecher v. Owens-Illinois, Inc. 859 F.3d 396 (2017), which was decided on June 6, 2017. The case […]
Posted on May 22, 2017 by Ruder Ware Alumni
Blog
The Wisconsin Supreme Court has interpreted the meaning of “substantial fault” in an unemployment insurance case, which will be applicable in worker’s compensation cases, as well. The case is Operton v. Labor and Industry Review Commission, 2017 WL 1743039. In doing so the Supreme Court affirmed the ruling of the Wisconsin Court of Appeals, which […]
Posted on August 2, 2016 by Ruder Ware Alumni
Blog
In general (i.e. non-farm) employment, Wisconsin’s Worker’s Compensation Act becomes mandatory for employers under either of two circumstances. In the event such an employer pays $500 in wages during any calendar quarter, worker’s compensation becomes mandatory on the 10th day of the next quarter. That’s a “bright line” rule. Alternatively, worker’s compensation becomes mandatory when […]
Posted on June 27, 2016 by Ruder Ware Alumni
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Circuit courts and appellate courts commonly apply “great weight deference” to worker’s compensation benefit determinations made by the Labor and Industry Review Commission (“LIRC”), but not this time. In an unpublished opinion issued by the Wisconsin Court of Appeals on June 21, 2016, the appellate court found that LIRC impermissibly read into a statute an […]
Posted on April 25, 2016 by Ruder Ware Alumni
Blog
“Substantial fault” is a new concept that may determine whether a terminated employee is eligible for unemployment insurance benefits. In 2013 the Wisconsin Legislature amended the unemployment insurance eligibility statute to create “substantial fault” as a basis to deny benefits; the new law took effect on January 5, 2014. On April 14, 2016, the Wisconsin […]
Posted on February 1, 2016 by Ruder Ware Alumni
Blog
The federal District Court for the Eastern District of Wisconsin dismissed two state law emotional distress claims in a lawsuit based on the exclusive remedy provision of the Wisconsin Worker’s Compensation Act (WCA). The employee filed suit under the Americans with Disabilities Act (ADA) alleging that the failure of her employer to provide requested leave […]
Posted on November 23, 2015 by Ruder Ware Alumni
Blog
Employers often establish a light-duty program that is reserved for employees who have work-related injuries or conditions during their healing periods. The hallmarks of these programs is that temporary light-duty work is reserved for those employees receiving temporary benefits under worker’s compensation. The rationale for this program is to help the employer comply with the […]
Posted on October 13, 2015 by Ruder Ware Alumni
Blog
The Wisconsin Court of Appeals has affirmed a Labor and Industry Review Commission (LIRC) decision that denied additional benefits for an initially conceded injury based on the independent medical examiner’s (IME) review of comparative MRIs. David Dollar had pre-existing degenerative joint disease, as confirmed by a 2009 MRI. On June 23, 2011, while at work […]