Statutory Interpretation

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WI Court of Appeals – District IV

Case Name: Gregory Pozarski v. Wisconsin Retirement Board and Department of Employee Trust Funds

Case No.: 2017AP398

Officials: Lundsten, P.J., Kloppenburg and Fitzpatrick, JJ.

Focus: Statutory Interpretation

The Wisconsin Retirement Board denied Gregory Pozarski’s application for duty disability benefits as a surviving spouse, and the circuit court affirmed the Board’s decision. On appeal, Pozarski argues that the Board erroneously interpreted WIS. ADMIN. CODE §§ ETF 52.07 and 52.08 (Dec. 2013)1 when it concluded that his late wife’s qualifying date for the purpose of receiving duty disability benefits was the day after her last day of work instead of the day of her death. The qualifying date matters because Pozarski is entitled to duty disability benefits as a surviving spouse only if he and his wife were married on the qualifying date, and it is undisputed that they were not yet married on the day after her last day of work. Under the circumstances here, review of an agency’s interpretation of its own rules, we give the Board’s interpretation controlling weight because the Board’s interpretation is reasonable. Thus, we affirm the Board’s interpretation and, therefore, affirm the circuit court.

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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.