Worker’s Compensation Act – On The Job Injury

Listen to this article

7^th Circuit Court of Appeals

Case Name: Janet Pecher, et al v. Owens-Illinois, Inc., et al

Case No.: 16-1799, 16-2376, 16-2377, 16-2378, 16-2379, 16-2380

Officials: FLAUM, MANION, and KANNE, Circuit Judges.

Focus: Worker’s Compensation Act – On The Job Injury

The six cases consolidated on appeal all involve claims related to asbestos exposure over thirty years ago at a single Marshfield, Wisconsin plant which produced fire doors. While complex on the surface, and involving bulky appendices and appeals of separate orders, the thrust of the appeal is quite simple: the claims at issue are covered by the exclusive remedy provisions of Wisconsin’s Worker’s Compensation Act, Wis. Stat. § 102.03(2). Plaintiffs attempt to get around this bar by recharacterizing their injuries as occurring off  the job. These arguments are unavailing. In addition, the claims against Owen‐Illinois claims are frivolous. As a result, we affirm the multiple rulings of the district court dismissing the claims against both defendants on appeal and denying reconsideration.

Affirmed

Full Text