Case Law Updates & Trending News
JANUARY – MARCH 2020 WORKERS COMPENSATION CASE LAW UPDATE
By: Attorney Hayley Clark Paez v. Mayville Engineering, Co., Claim No. 2017-019553 (LIRC Jan. 22, 2020) Rule: In order to be found credible, the treating physician must have a near-accurate understanding of the applicant’s past medical history. Facts: Thomas Paez worked for Mayville Engineering Company for three months before he allegedly injured his low back. He […]
Court of Appeals Rules that Voluntary Retirement Bars TTD/TPD Benefits
By Atty. Ken J. Kucinski In a decision dated August 27, 2019, the Court of Appeals of Wisconsin held that an employee who chose to voluntarily retire while undergoing treatment for a conceded work injury was not entitled to any temporary disability benefits because she had chosen to retire for reasons completely unrelated to the […]
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 […]
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 […]
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 […]
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 […]
Can a Conviction be Expunged?
People convicted of crimes may be interested in determining if their conviction can be “expunged” after they have successfully carried out their sentence.[1] The answer depends on (1) how old the person was at the time the crime was committed, (2) what the person was convicted of and (3) whether or not the person requested, […]
Your Right to Remain Silent
Everyone has heard that they have a “right to remain silent,” but in many, many cases people who come into contact with law enforcement under circumstances where they know (or suspect) they are being investigated for some type of wrong-doing, these same folks end up making statements to law enforcement officers anyway. And these same […]
New OSHA Rule Affects Post-Accident Drug/Alcohol Testing
By Attorney Jennifer Augustin You may already be familiar with the rules that require some employers to track work-related injuries and illnesses in what is commonly referred to as an “OSHA log.” What you might not know is that, as of January 1, 2017, OSHA has revised these rules, and the revisions have implications for post-accident […]
More Changes on The Way for Worker’s Compensation Claims in Wisconsin
By Attorney Jennifer Augustin Once again, there may be some big changes coming to worker’s compensation claims in Wisconsin; and once again they are coming from the Governor rather than the Worker’s Compensation Advisory Council. On February 8, 2017, the Governor submitted his 2017-2019 budget recommendations, which have been presented to the Legislature as Assembly Bill […]