Employment — workers compensation

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Wisconsin Court of Appeals

Civil

Employment — workers compensation — limited settlement

Thomas Voight sustained a work-related elbow injury and agreed to a limited compromise settling that portion of his claim with his employer, Appleton Area School District, and its insurer, Liberty Mutual Fire Insurance Company. Later, both Voight’s doctor and an independent medical examiner concluded Voight had sustained a substantial permanent partial disability at the wrist, and Voight sought additional disability benefits. The District unsuccessfully argued to the Labor and Industry Review Commission that Voight’s wrist claim was foreclosed by the earlier settlement and initial medical determinations about the location of the injury at the elbow. The District appeals, raising the same arguments.

We reject the District’s arguments. The limited compromise specifically provided that it was to have no effect on Voight’s ability to seek future benefits, and provided the District with a credit for past payments in that circumstance. We therefore agree with the Commission that Voight’s wrist claim was not foreclosed by that agreement. We also defer to the Commission’s conclusion that the location of the disability, not the location of the injury, is determinative as to an applicant’s entitlement to permanent partial disability benefits. This opinion will not be published.

2013AP198 Liberty Mutual Fire Insurance Company, et al. v. Voight, et al.

Dist III, Outagamie County, McGinnis, J., Per Curiam

Attorneys: For Appellant: Farb, Peter M., Milwaukee; For Respondent: Schoshinski, Daniel R., Milwaukee; Potts, Abigail, Madison