https://lirc.wisconsin.gov/wcdecsns/2227.pdf
ND6 6.30 - Applicant appealed decision that she was not permanently totally disabled on an odd-lot basis. Commission found that the applicant met her burden to prove a prima facie case for employability on an odd-lot basis, but respondent failed to show that jobs existed for the applicant, given her physical work restrictions, her age at 60 years old, her 8th grade education in Macedonia, her prior work where she could speak Albanian, her inability to read and write English, her lack of transferable skills, her prior unsuccessful attempt to seek employment with DVR, and the safety concerns and instability. Even if there were jobs that existed that she could do, the commission found they were so limited in quality, dependability, and quantity that a reasonably stable market did not exist, considering the factors in Wis. Admin. Code § DWD 80.34.
https://lirc.wisconsin.gov/wcdecsns/2228.pdf
ND6 9.23 - Applicant, who worked as a wheelchair van driver, was involved in a very minor incident where her parked vehicle was sideswiped by another vehicle trying to get around her in a loading zone. The applicant claimed injuries to her cervical and lumbar spine, bilateral shoulders, and bilateral knees; temporary total disability; permanent partial disability; and loss of earning capacity. The commission credited the respondent’s medical expert that the applicant sustained only cervical, lumbar, and bilateral sprains, as well as bilateral knee contusions in the accident, and that she reached an end of healing shortly thereafter with no permanent disability or need for further treatment. The objective evidence did not support any findings of acute injuries, and the applicant was not credible regarding the subjective pain complaints, given her doctor shopping and drug seeking behavior. Administrative law judge’s decision affirmed.
https://lirc.wisconsin.gov/wcdecsns/2226.pdf
ND6 3.4, 3.43 - Worker injured his low back in a traumatic injury while working for Onyx. Onyx conceded the work injury and proceeded to pay for medical expenses for years after the worker no longer worked for Onyx. When the worker’s condition had deteriorated and he chose to proceed with back surgery, Onyx filed a reverse hearing application to implead the worker’s subsequent employer and asserted an occupational disease injury. The worker and both employers/carriers compromised all issues, but Onyx reserved the right to claim reimbursement from the subsequent employer. The commission found that the work for the subsequent employer was at least a material contributory causative factor in the progression of the worker’s back condition; the subsequent employer was responsible for the medical costs of the surgery for the occupational injury. Administrative law judge’s decision affirmed.
https://lirc.wisconsin.gov/wcdecsns/2221.pdf
ND 3.3; 3.38; 6.33 – LIRC reverses ALJ and finds that recovery room nurse sustained permanent lumbar spine injury when she lifted a chair at work. The traumatic incident permanently changed her preexisting degenerative back condition. The applicant submitted a prima facie case for permanent total disability, and respondents failed to rebut it with evidence that she is actually employable, and that actual jobs are available to her.