02-0031 Virginia Surety Co., Inc. and Stainless Foundry & Engineering, Inc. v. Wisconsin Labor & Industry Review Commission

By: dmc-admin//October 28, 2002//

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“Thus, employer-required monitoring x-rays and medical evaluations, in the absence of concurrent incapacity, did not set the ‘date of disability’ even though the employee lost time from work for those evaluations. …

“We agree that the Commission’s distinction between non-incapacitating symptoms on the one hand and incapacity to work on the other is a reasonable interpretation and comports with the intent of the statute.”

Accordingly, even though Virginia Surety only assumed the company’s worker’s compensation risk on July, 1997, it is liable for the payments to McGaw because claimant’s “date of disability” was August 25, 1997, some two months later.

Order affirmed.

Publication in the official reports is recommended.

Dist I, Milwaukee County, Haese, J., Fine, J.

Attorneys:

For Appellant: Christine K. Nelson, Brookfield

For Respondent: Jeffrey J. Shampo, Madison; Michelle L. Danielson, Milwaukee; Stephen M. Sobota, Madison; Michael H. Gillick, Milwaukee

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