01-0126 International Paper Company et al. v. Labor and Industry Review Commission and Work Injury Supplemental Benefit Fund

By: dmc-admin//October 1, 2001//

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“Given the straightforward, unambiguous language of the current Wis. Stat. 102.46, the dependent death benefit provided in that statute may be claimed as of the date of death of the deceased employee whose death proximately resulted from the work injury. Pursuant to the current Wis. Stat. 102.17(4), the dependent has a period of 12 years from the date of the fatally-injured employee’s death to make his/her death benefit claim. Lorraine Wieseler therefore had 12 years from the date of Robert Wieseler’s death to file her claim for a death benefit under Wis. Stat. 102.46. She filed the claim within three weeks of his death, and the claim is valid against International Paper Company.”

Order affirmed.

Recommended for publication in the official reports.

Dist III, Outagamie County, DesJardins, J., Cane, C.J.

Attorneys:

For Appellant: Peter S. Nelson, Appleton; Anthony W. Welhouse, Appleton

For Respondent: William W. Cassel, Madison; Stephen M. Sobota, Madison

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