Category Archives: Workers Compensation

Are Discograms a Good Basis for Surgery?

Mustafa-Green v. Birchwood Rehab Ctr. – LIRC Decided September 30, 2019. Facts: Applicant alleged a low back injury and claimed a subsequent fusion was due to a work-related injury. She had three low back MRIs done prior to the surgery, … Read more »

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

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 … Read more »

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Decisions without Hearing Testimony is a Denial of Due Process.

Oja v. M.A.D. Enterprises, decided September 19, 2019. Facts: A hearing was held before an ALJ. That ALJ left the Department before issuing a decision. A second ALJ issued a decision, but had not participated in the hearing. Respondents alleged … Read more »

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How Important is Provider Credibility?

Gordon v. Tradesmen Int’l, Inc., decided September 5, 2019. Facts: Applicant had a prior slip and fall that resulted in a low back injury. He reached an end of healing. Four years later, he brought a permanent total disability claim … Read more »

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MIAA Casino Night 2020

MIAA Casino Night – January 17, 2020 Milwaukee Marriott Downtown 323 E. Wisconsin Avenue, Milwaukee, WI 43202 Registration: 6:30pm – 7:00pm Cocktails & Hors d’oeurves: 6:30pm Gaming & DJ/Dancing: 7:00pm ___________________________________ FREE for claim adjusters and Casino Night event sponsors. … Read more »

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2020 WI WC Rates & Status of the 2019 Agreed Bill

The 2019 WC Advisory bill is still pending in the Senate. There are very few items in the bill. While neither TTD or PPD rates are impacted by the proposed changes, the max wage (and resulting TTD/PTD rate) did go … Read more »

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2020 Federal Mileage Rate

The mileage rate this year is $.575 (down from last year’s rate of $.58). This is the rate used by the IRS, and is not the WC rate. The WC rate remains $.51. https://www.irs.gov/newsroom/irs-issues-standard-mileage-rates-for-2020

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Why Medical History Matters

Vallier v. Labor and Industry Review Commission, Aurora Health Care, Inc., and Sentry Insurance Co., Circuit Court No. 2017CV6073, Appeal No. 2018AP936 Court of Appeals Decision Dated and Filed February 26, 2019. This is an unpublished decision and holds no … Read more »

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2019 IRS Mileage Rate

The 2019 IRS mileage rate has increased to 58 cents per mile. This is different than the Wisconsin work comp mileage rate; that remains at 51 cents per mile.

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Healing Period: Who Determines When This is Reached and When is TTD Owed?

In its recent decision in Wittmann v. Consolidated Lumber Co., et al, the Wisconsin Court of Appeals determined that the weight and credibility of medical evidence, as applied to worker’s compensation and employment matters, is to be determined by the … Read more »

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