Workers Compensation

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WI Court of Appeals – District III

Case Name: Tracie L. Flug v. Labor and Industry Review Commission et al

Case No.: 2015AP1989

Officials: Stark, P.J., Hruz and Seidl, JJ.

Focus: Workers Compensation

Tracie Flug appeals an order affirming a decision of the Labor and Industry Review Commission that denied Flug’s worker’s compensation claim. The Commission concluded Flug was not entitled to temporary total disability benefits, permanent partial disability benefits, and medical treatment expenses that she alleged were related to a workplace injury. Flug contends the Commission made several errors of law, and she also argues the evidence was insufficient to support the Commission’s decision We reject Flug’s arguments, with one exception. For the reasons explained below, we conclude the Commission erroneously determined Flug was not entitled to disability benefits under WIS. STAT. § 102.42(1m) without first considering whether she underwent invasive treatment for a compensable injury in good faith. We therefore reverse the circuit court’s order affirming the Commission’s decision. We remand the matter to the Commission for additional fact-finding on the issue of good faith and, if necessary, for a determination of the damages to which Flug is entitled.

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.