Statutory Interpretation – Scope

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WI Court of Appeals – District IV

Case Name: David A. Noyce et al v. Aggressive metals, Inc. et al

Case No.: 2014AP2143

Officials: Lundsten, Higginbotham and Kloppenburg, JJ.

Focus: Statutory Interpretation – Scope

This is a worker’s compensation case. David Noyce was working for Aggressive Metals, Inc. when he was injured in a workplace accident. Noyce, the Department of Workforce Development Uninsured Employers Fund, and Nationwide Mutual Insurance Company, Aggressive Metal’s liability insurer, appeal a circuit court order affirming a Labor and Industry Review Commission decision that Aggressive Metals is not liable to Noyce or to the Fund for any compensation or reimbursement for Noyce’s injuries. In so concluding, the Commission held that Aggressive Metals was not subject to the Worker’s Compensation Act (the Act) under WIS. STAT. § 102.04 (2013-14)  on the date of Noyce’s injuries. Noyce argues that Aggressive Metals was subject to the Act on the date of his injuries, January 4, 2011, based on prior case law interpreting a statutory scheme that is similar, but not identical, to the statutory scheme at issue in this case, and which has not been reversed or distinguished. Aggressive Metals argues that it was not subject to the Act on the day Noyce was injured based on the plain language of the current statutory scheme.  We agree and, therefore, we affirm the Commission’s decision.

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.