July 19, 2017 -- Flug v. LIRC, Wal-Mart Associates, and New Hampshire Insurance Company
The Wisconsin Supreme Court issued its decision recently affirming a commission decision in a worker’s compensation case in Tracie L. Flug v. LIRC, Wal-Mart Associates, and New Hampshire Insurance Company, 2017 WI 72, __Wis. 2d __, __N.W.2d__. The case dealt with the payment of disability under Wis. Stat. § 102.42(1m) in cases where a worker underwent treatment in the good faith belief that he or she was treating a work injury, but the commission subsequently held that the need for treatment was not due to an injury compensable under the Worker’s Compensation Act. In upholding the commission’s decision, the Court stated:
¶34 We hold today that an employee is not eligible for benefits under Wis. Stat. § 102.42(1m) if the disability-causing treatment was directed at treating something other than the employee's compensable injury. Because Ms. Flug's surgery treated her pre-existing condition, not her compensable injury, her claim must be disallowed.
January 23, 2017 -- Farewell to Commissioner Jordahl
Commissioner Bill Jordahl has accepted a new position as the Executive Assistant to the Chair of the Public Service Commission where he will be able to take advantage of his extensive knowledge of the utility industry. Commissioner Jordahl served the state as a commissioner for LIRC since 2013. His last day with LIRC was January 20, 2017.
Important Notice - Petitions to LIRC
Pursuant to 2015 Wis. Act 334 (effective April 3, 2016), petitions for commission review of Department of Workforce Development (DWD) unemployment insurance (UI) appeal tribunal decisions must be filed with the commission and can no longer be filed with the DWD hearing offices. A petition for review may be filed with the commission in any of the following ways:
A petition for review may not be filed by telephone or email. A petition for review must be received by the commission or postmarked within 21 days after the DWD appeal tribunal decision was mailed to the party’s last known address or electronically delivered. Wis. Stat. § 108.09(6)(a).