Worker's Compensation Litigation

The firm has twenty-five years of experience in this specialized and ever-changing area of the law. Our attorneys are active in the worker's compensation legislative process, and frequently lecture on developments in worker's compensation law. The firm advises employers, businesses and corporations on preventive measures to limit employee injury claims, and conducts in-house seminars for our employer and insurance clients. If claims are filed, our attorneys and support staff promptly investigate and evaluate, keeping the client fully advised. If the case warrants a hearing, these specialized attorneys proceed ahead to a successful resolution.

Representative appellate experience in these areas includes the following:

Conradt v. Mt. Carmel School(Holding that treating physicians are not given special deference in worker’s compensation proceedings and that LIRC is required to hold a credibility conference with ALJ only as condition precedent to overruling ALJ)

Theuer v. Labor& Industry Review Commission
(Established that employer-paid health insurance premium payments and other non-taxable fringe benefits were not to be included in the average weekly wage for worker's compensation payments.)

Beecher v. Labor
& Industry Review Commission
(Held that a claimant does not need to undertake a job search before they can claim permanent act total disability in an "odd-lot" case.)

Society v. LIRC (On April 1, 2006, the legislature changed Wis. Stat. § 102.17(4) to do away with the statute of limitations for certain traumatic work-related injuries. The statute now states that treatment expense for those traumatic injuries becoming due after the twelve years has run shall now be paid by the employer or insurer, as opposed to the previously responsible party, the State Fund (WISBF). The issue at bar was whether retroactive application of the amended Wis. Stat. § 102.17(4) was constitutional. The Supreme Court of Wisconsin found that the retroactive application of the statute was unconstitutional as being violative of due process and the contract clause. Employer insurers have a constitutional right to have their liability fixed on the date of injury.)

Contact William R. Sachse, Jr., Jan M. Schroeder or Scott E. Wade in our Milwaukee office, Andrew J. Quartaro or James W. Goonan in our Madison office and James W. Goonan in our Manitowoc office.