Employment — workers compensation — termination

Wisconsin Court of Appeals

Civil

Employment — workers compensation — termination

Menard, Inc. and Reliance Insurance Co.–WISF (Menards) appeal a judgment affirming a decision of the Labor and Industry Review Commission. The Commission reopened a permanent partial disability award previously made to Susan Keene, who suffered a workplace injury while employed by Menards. Because Keene returned to work at Menards following her injury, the original award was based solely on her physical limitations and did not take into account her loss of earning capacity. See Wis. Stat. § 102.44(6)(a). However, the Commission determined that Menards subsequently terminated Keene without reasonable cause. It therefore reopened her claim and awarded her additional benefits based on her loss of earning capacity. See Wis. Stat. § 102.44(6)(b). Menards argues the Commission erred by determining that Menards lacked reasonable cause to terminate Keene and by refusing to admit certain evidence. We disagree and affirm. This opinion will not be published.

2011AP2358 Menard Inc., et al. v. Keene, et al.

Dist III, Eau Claire County, Lenz, J., Per Curiam

Attorneys: For Appellant: Koback, Todd Joseph, Wausau; For Respondent: Welch, Benjamin, Wausau; Harlow, R. Duane, Madison