Aplin & Ringsmuth

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Category: Worker’s Compensation

The Consequences for Failing to Appear at Hearing

By Atty. Ken J. Kucinski There are a few important procedural deadlines that need to be met in Wisconsin Worker’s Compensation cases. These include the deadline to file an Answer to a Hearing Application, the deadline to object to a Certification of Readiness, and the deadline to file certified medical records and expert reports. But […]

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November 2018 Worker’s Compensation Case Law Update

By Attorney Hayley Clark Labor and Industry Review Commission Bretl v. Marinette Marine Corp., Claim No. 2016-004518 (LIRC Nov. 20, 2018). Rule: To be credible, physicians need to “provide a credible medical explanation in support of their respective causation opinions.” Facts: Richard Bretl worked 18 years with the insured as welder. On September 12, 2006, […]

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August 2018 Worker’s Compensation Case Law Update

By Attorney Jennifer Augustin The month of August was a slow one for the Wisconsin worker’s compensation courts. The single LIRC case published from August is summarized below. As always, please feel free to reach out to your Aplin & Ringsmuth attorneys with any questions you may have about this case, or about any of […]

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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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