Employment – workers’ compensation

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Wisconsin Court of Appeals

Civil

Employment – workers’ compensation

Section 102.57 is not preempted by federal law and, authorizes additional compensation for violations of a federal workplace safety regulation or the safe place statute.

“Despite the saving clause, Sohn argues that the OSH Act preempts states’ attempts to regulate private employers in any area for which there exists a federal workplace safety regulation, unless the state has been authorized to regulate by the federal government.  See 29 U.S.C. § 667(b).  Sohn contends that WIS. STAT. § 102.57 is such an attempt to regulate in an area that Wisconsin has not been authorized to regulate.  To make its argument work, Sohn postulates that § 102.57 constitutes ‘enforcement’ of federal workplace safety regulations and the OSH Act.  We disagree as § 102.57 is not an enforcement statute but rather a worker’s compensation law ‘with respect to injuries, diseases, or death of employees arising out of, or in the course of, employment.’  29 U.S.C. § 653(b)(4).  Sohn has not overcome the presumption that the OSH Act permits states to increase worker’s compensation awards due to workplace safety violations.”

Affirmed.

Recommended for publication in the official reports.

2012AP2566 Sohn Manufacturing, Inc., v. LIRC

Dist. II, Sheboygan County, Bourke, J., Reilly, J.

Attorneys: For Appellant: Palmer, Charles B., Waukesha; Greathouse, Denise, Waukesha; For Respondent: Kilpatrick, Steven C., Madison