Can Retirement Unrelated to a Work Injury Result in a Compensable Wage Loss?

Mar. 2020

Mueller v. LIRC  – Court of Appeals

Decided August 27, 2019, published.

Facts: Applicant sustained compensable shoulder injury while employed by Ashley furniture.  Was put on light duty after surgery, and subsequently resigned while on light-duty, reporting that she intended to retire.  Ashley stopped paying wages & TPD.  Applicant re-applied for employment with Ashley, but was not re-hired.  Had second shoulder surgery, which Ashley paid medical expenses, but not temporary disability.  During the healing period, Applicant obtained a part-time job as a restaurant server.  Ashley paid the PPD related to the shoulder surgery after Applicant reached EOH.

Issue:  Applicant claimed she was entitled to temporary disability for the period beginning with her retirement date through the end of healing after her second shoulder surgery.

Decision: LIRC determined App re-entered the labor market without the intent to work more than part-time.  Thus, any wage loss sustained was not due to the injury, but instead Applicant’s desire to work less-than-full-time hours.  “Simply put, an Employee who retires for reasons entirely unrelated to his/her injury cannot make such a showing because the Employee’s wage loss was caused by the Employee’s choice to voluntarily retire”. Mueller v. LIRC at 25.