June 2009

Although we are closely watching the status of S.B. 20 (compensatory and punitive damages for violations of the WFEA, awaiting Governor's signature) and the Milwaukee Sick Leave Ordinance (awaiting decision of circuit court), below are some judicial developments in the worker's compensation arena:

County of Dane v. LIRC (Wis. 2009) - benefits for "disfigurement" may be awarded based upon a permanent limp and foot-drag "exposed in the normal course of employment" to the extent that it may "occasion potential wage loss," despite the absence of any visible burns, scars or amputations.

Schreiber Foods v. LIRC (Wis. Ct. App. 2009) - employer precluded from seeking to reopen final award for 65% loss of earning capacity benefits, despite the fact that, two years after the LIRC's decision, employee returned to work for employer on the "date of injury" at 85% of his pre-injury wage.

Michels Pipeline Construction v. LIRC (Wis. Ct. App. 2008) - Social Security offset may be used to reduce temporary disability benefits paid during the period an employee is participating in a vocational rehabilitation program.

Sky High Crane Rental v. Sandeen Agency (Wis. Ct. App. 2008) - worker's compensation insurer of Wisconsin employer located in Hudson not obligated to pay claim for worker's compensation benefits filed under Minnesota law by employee injured in Minnesota; policy limited coverage to claims filed under Wisconsin law.

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