April 2009

WISCONSIN UPDATE

Court holds "disfigurement" may include limp - on January 23, 2009, the Wisconsin Supreme Court reconciled conflicting LIRC precedent and held that an award for disfigurement under the Worker's Compensation Act may include benefits for a limp - provided it is demonstrated that the limp is sufficient to occasion potential wage loss; it is exposed during the normal course of employment; and, it is apparent to potential employers in occupations for which the employee is suited. County of Dane v. LIRC, 2009 WI 9 (2009).

Out-of-state construction workers - the Wisconsin Court of Appeals recently held that construction workers who build the majority of their homes in Illinois, and only a small percentage in Wisconsin, will not be considered to have engaged in employment "localized" in Illinois for purposes of unemployment taxes because the work they performed in Wisconsin (building homes) was not "incidental" to the work performed in Illinois, regardless of whether it constituted a small percentage of employer's total business. Gilbert v. LIRC, 2008 WI APP 173 (Ct. App. 2008).

Questions? Please contact Senior Attorney and Shareholder Alan Seneczko in our Oconomowoc, WI office at (262) 560-9696, or aes@seneczkolaw.com.