https://lirc.wisconsin.gov/wcdecsns/2245.pdf
ND 8.26, ND 8.32 - Unreasonable refusal to rehire case involving a discharge. Applicant involved in noisy altercation with theatre patron during show. Commission found conduct during altercation reasonable cause for discharge under 102.35(3), even though applicant suffered minor bruising in event.
https://lirc.wisconsin.gov/wcdecsns/2231.pdf
ND6 9.23 - Applicant worked as a caregiver and alleged that she sustained neck, back, and head injuries when she fell while pushing the client in a wheelchair. The commission found the applicant failed to prove that she sustained head or neck injuries due to no such reports in the initial medical treatment notes and no such reports until years after the injury; the commission found the applicant sustained only a minor back injury that resolved quickly with no permanent disability, given the applicant’s questionable credibility due to various versions of injuries and the lack of treatment for nearly 2 years after the initial medical treatment. Administrative law judge’s decision affirmed.
https://lirc.wisconsin.gov/wcdecsns/2233.pdf
ND6 3.4, 3.38, 3.43, 3.45, 9.23 - Applicant had been involved in a prior motorcycle accident in which he sustained a serious liver laceration that required two abdominal surgeries. He alleged that his work exposure for the employer that involved repeated heavy lifting caused his incisional hernia. The commission credited the applicant and his medical providers’ opinions and found the applicant proved that his work exposure was at least a material contributory causative factor in the onset or progression of his incisional hernia. Administrative law judge affirmed.
https://lirc.wisconsin.gov/wcdecsns/2232.pdf
ND6 9.23 - Applicant worked as a certified nursing assistant and alleged that she sustained neck and right shoulder injuries when she was turning a patient. As a result of her injuries and limitations, the applicant claimed that she was permanently and totally disabled. The commission found the applicant sustained cervical spine and right shoulder sprains in the work incident that resolved after several months with no permanent disability. Applicant’s medical opinion from her chiropractor was not credible because it was based on erroneous facts and the doctor was not aware of the applicant’s prior medical treatment. Administrative law judge’s decision affirmed.
https://lirc.wisconsin.gov/wcdecsns/2229.pdf
ND 6.34 - Applicant sustained thoracic compression fracture that could not be surgically repaired. He is left with chronic pain and restrictions that include no standing or walking for more than 30 minutes at a time, and no repetitive bending or twisting. LIRC affirms ALJ decision finding permanent total disability. Applicant submitted credible prima facie case for PTD that was not successfully rebutted by respondents. A listing of job categories is not the equivalent of demonstrating that an "actual job" is available to the applicant. See, Beecher v. LIRC, 273 Wis. 2d 136.