Aplin & Ringsmuth

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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 in the line of duty caused her to develop debilitating mental stress, eventually leading to an early retirement.

The plaintiff filed a claim for worker’s compensation benefits seeking compensation for permanent and total disability. In essence, the plaintiff claimed that the mental stress she experienced on the job over the years rendered her unable to engage in gainful employment of any kind. She was seeking compensation extending well into the six figures, not to mention reimbursement for extensive medical treatment.

Aplin & Ringsmuth’s team of attorneys were retained to defend the case from the initiation of the suit through the conclusion of the appeals process. At each step of the process, Aplin & Ringsmuth’s attorneys were able to secure a win for their clients, culminating in the Court of Appeals’ recent, favorable decision.

Claims involving non-traumatic mental stress injuries are a distinct subset of worker’s compensation claims. Different laws apply to determine whether or not these claims are compensable and different methods of defense should be employed.

Insurers and employers presented with claims for non-traumatic mental stress injury should seek the guidance of attorneys who are experienced in this area of law as early on in the claims process as possible, to ensure they achieve the best results.

If you are interested in learning more about this case you can access the Court of Appeals decision at https://www.wicourts.gov/ca/opinion/DisplayDocument.pdf?content=pdf&seqNo=193272 . If you would like more information regarding the laws which apply to these claims or the strategies for defending against them, please give us a call. Our attorneys are available for general questions in this area as well as seminars and training presentations.