Aplin & Ringsmuth

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Case Law Updates & Trending News

Wisconsin’s Skyrocketing Medical Costs

By Atty. Ken J. Kucinski Medical providers in Wisconsin continue to charge extraordinarily high prices to treat Wisconsin workers who are injured on the job. This phenomenon has been consistently documented by yearly studies performed by an independent, not-for-profit organization known as the Worker’s Compensation Research Institute. The numbers collected for the year 2017 show […]

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June 2018 Worker’s Compensation Case Law Update

By Attorney Hayley Clark Wisconsin Supreme Court I. Tetra Tech EC, Inc., v. Wisconsin Dep’t of Revenue, 2018 WI 75, ___ Wis. 2d. ___, ___ N.W.2d ___. *Disclaimer: This is not a worker’s compensation case, but it does affect our cases* Rule: Courts now afford statutory “due weight”—opposed to “great weight deference”—to administrative agencies (i.e., […]

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Commission Rules in Favor of Aplin & Ringsmuth Attorneys: Individuals in Pre-Hire Observation Period are not Employees under the Act; Filing a “Reverse” Hearing Application Does Not Change Who Holds Burden of Proof

By Jennifer Augustin The Labor and Industry Review Commission recently considered the case of Wade Opperman against Let Mikey Do It, LLC, a client of Aplin & Ringsmuth. Opperman alleged that he was an employee of Let Mikey Do It at the time of his May 13, 2015 injury and was therefore entitled to benefits […]

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May 2018 Worker’s Compensation Case Law Update

By Attorney Hayley Clark Labor and Industry Review Commission I. Felber v. GKN Sinter Metals, Inc., WC Claim No. 2013-015981 (LIRC May 2, 2018) Rule: Compromise agreements are extremely difficult to re-open. Fearing having a claim barred due to an attorney’s (potential) failure to file a timely hearing application does not rise to the level […]

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Data Shows Wisconsin Insurers Continue to Pay High Prices for Work Comp Treatment

By Atty. Ken J. Kucinski The Workers Compensation Research Institute—a Cambridge, MA based not-for-profit research organization—released the 9th edition of its Medical Price Index for Worker’s Compensation in July of 2017. Thirty-one states were studied, including Wisconsin. The study utilized data collected from 2008 through June of 2016. The results showed that Wisconsin insurers paid […]

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February 2018 Worker’s Compensation Case Law Update

By Atty. Reid H. Rayome Several Wisconsin court and administrative decisions were issued in worker’s compensation cases between January 31, 2018, and February 28, 2018. Our firm is happy to provide this summary of a few of the most interesting of those recent decisions to highlight trends in the law and important issues worth considering. […]

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A Cautionary Tale for Businesses Utilizing Temporary Help Agencies for Staffing Needs: In Re Estate of Rivera v. West Bend Mutual Ins. Co. et. al. (2017-AP-142).

By Atty. Ken J. Kucinski The Wisconsin Court of Appeals for the 3rd District issued a decision on January 9, 2018, which construed the Worker’s Compensation Act (“WCA”) to allow an employee of a temporary staffing agency to bring a tort claim against the temporary staffing agency’s client. The Court of Appeals rejected the defense […]

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December 2017 Worker’s Compensation Case Law Update

Once again, we bring to you a summary of some of the recent court opinions and administrative decisions regarding worker’s compensation claims. Please note that every case is unique and these updates may not apply to a claim you are handling. If you have questions about a claim, or if you want legal advice, please […]

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November 2017 Worker’s Compensation Law Update

Each month, Aplin & Ringsmuth attorneys will be providing this update which provides a glance at recent court opinions and administrative decisions. We will highlight trends in the law and identify issues that players in Wisconsin’s worker’s compensation system should be considering. Every case is unique, and these updates may not apply to a situation […]

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Court of Appeals Sides with Aplin & Ringsmuth Attorneys

By Atty. Ken J. Kucinski On July 18, 2017, the Court of Appeals of Wisconsin filed their opinion affirming the decision of the lower courts and denying the plaintiff’s claim for benefits arising out of an alleged mental stress injury. The plaintiff was employed as a police officer and alleged that the stress she experienced […]

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