Please ensure Javascript is enabled for purposes of website accessibility

2005AP544 DaimlerChrysler v. LIRC

By: dmc-admin//February 12, 2007//

2005AP544 DaimlerChrysler v. LIRC

By: dmc-admin//February 12, 2007//

Listen to this article

The LIRC may award a cumulative minimum PPD for multiple ligament repair procedures, even thought the resulting award is higher than the highest medical estimate of PPD in evidence.

“Relying on Pfister & Vogel Tanning Co. v. DILHR, 86 Wis. 2d 522, 273 N.W.2d 293 (1979), DaimlerChrysler further argues that there is no credible evidence in the record to support a 20 percent PPD award to May. In Pfister, physicians estimated that the plaintiff suffered either a 5 percent or a 15 percent disability, and DILHR made a 20 percent disability award. Id. This court reversed the circuit court’s affirmance of the award, holding that the award was not based upon credible evidence, and that there was error since the impairment of earning capacity had not been considered. Id. at 524, 530-31. The percentages listed in Wis. Admin. Code § DWD 80.32 set the minimum loss of use percentage that may be awarded for each listed procedure, regardless of whether there is a doctor’s estimated PPD in evidence. The minimum percentages are the product of a survey of practitioners with expertise in treating persons who have undergone the listed procedures, and of practitioners with expertise in assessing permanent partial disability.

“However, Pfister was decided in 1978, while Wis. Stat. § 102.18(1)(d) was not enacted until 1980. Pfister was not decided based upon the current statute, and it never discussed the issue of the minimum PPDs set forth in Wis. Admin. Code § DWD 80.32. Pfister, therefore, is neither helpful nor instructive in regard to the circumstances presented here.”

“The LIRC’s interpretation of Wis. Stat. § 102.18(1)(d) is reasonable. Since we accord great weight deference here, we affirm the LIRC’s interpretation and application of § 102.18(1)(d) in this case.”

Affirmed.

Kenosha County, Warren, J., Crooks, J.

Attorneys: For Appellant: Rohe, Thomas M., Milwaukee; For Respondent: Shampo, Jeffrey J., Madison; Fortune, Richard A., Racine

Polls

Should Steven Avery be granted a new evidentiary hearing?

View Results

Loading ... Loading ...

Legal News

See All Legal News

WLJ People

Sea all WLJ People

Opinion Digests