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2010AP1849 Madison Gas & Electric v. LIRC
Employment Worker’s compensation; stacking Wis. Admin. Code DWD 80.32(4) permits “stacking” of surgeries necessitated by the same work injury. “The medical opinion in DaimlerChrysler was that the disability after the second ACL surgery was not cumulative to the disability existing after the first ACL surgery. Instead, according to the medical opinion, the second successful [...]
2010AP2254 Milwaukee Police Association v Flynn
Employment Public employment; just cause hearing Section 62.50 does not apply to unpaid FMLA leave. “[N]either the language nor context of Wis. Stat. § 62.50 suggest that a ‘just cause’ due process hearing is required when an officer’s police powers have been suspended due to the officer taking FMLA leave. Although Grycowski argues that § […]
10-2768 Ellis v. CCA of Tennessee, LLC
Employment Hostile work environment The use of the term, “monkeys,” as a metaphor to workplace problems does not create a hostile work environment. “As to the materials excerpted from THE ONE MINUTE MANAGER MEETS THE MONKEY, we will take as a given that plaintiffs found the material subjectively hostile. Their case founders on the objective […]
08-3568 Vance v. Ball State University
Employment Race discrimination; employer liability Where an employer promptly investigated all the plaintiff’s complaints of discrimination, it is not liable for a hostile work environment created by co-workers. “The catering department was undoubtedly an unpleasant place for Vance between 2005 and 2007. Yet the record reflects that Ball State promptly investigated each complaint that she [&he[...]
10-3009 Verkuilen v. MediaBank, LLC
Employment FLSA; overtime An account manager for a software company is not entitled to overtime. “The account manager is not a salesman for Best Buy or a technician sitting at a phone bank fielding random calls from her employer’s customers—instead she’s on the customer’s speed dial during the testing and operation of the customer’s MediaBank […]
09-C-1192 Milwaukee Police Association v. Board of Fire & Police Commissioners of the City of Milwaukee
Employment Public employment; due process A probationary police officer in Milwaukee has no due process right to a hearing before termination. “The term ‘member of the police force’ has no specific statutory definition. Ramskugler argues that she was a ‘member of the police force’ because she was a ‘law enforcement officer,’ defined by statute as […]
2010AP1723 Rock Tenn Co. v. LIRC
Employment Worker’s compensation Section 102.18(1)(b) can be retroactively applied to award prospective treatment expenses. “The difference between a substantive statute and a procedural statute is clear. A statute is substantive if it creates, defines or regulates rights or obligations. Betthauser v. Medical Protective Co., 172 Wis. 2d 141, 147-48, 493 N.W.2d 40 (1992). Remedial or […]
2010AP465 Grall v. State of Wisconsin Labor and Industry Review Commission, et al.
Employment Unemployment compensation Kristin B. Grall, pro se, appeals from an order of the circuit court, which affirmed the decision of the Labor and Industry Review Commission. Grall primarily contends that she should have been allowed to adjourn her unemployment compensation appeal hearing so that she could subpoena additional witnesses. We affirm. This opinion shall […]
2010AP1428 Dalka v. American Family Mutual Ins. Co.
Employment Worker’s compensation An employee who receives worker’s compensation benefits waives his or her unilateral right to a jury trial in a related third-party tort action. “Ultimately, Bergren held that Wis. Stat. § 102.29(1) ‘gives the trial court the right to settle a dispute between the two plaintiffs, as to whether or not a compromise […]
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- Former prosecutor suspended for unwelcome contact during legal conference
- One Wisconsin Attorney’s misconduct ‘in a league of its own’
- Wisconsin election fraud charge issued from November 2022 general election
- Indigenous consultant accuses NHL’s Blackhawks of fraud, sexual harassment
- Man pleads guilty in theft of Arnold Palmer green jacket, other Masters memorabilia from Augusta
- KS Governor cites competition concerns while vetoing measure for school gun-detection technology
- U.S. Attorney Gregory J. Haanstad recognizes service and sacrifice of federal, state, local, and Tribal law enforcement
- Gov. Evers calls special elections for the 4th Senate District and 8th Congressional District
- Wisconsin GOP-led Senate votes to override nine Evers vetoes in mostly symbolic action
- Bill to curb mask-wearing at protests could make it illegal for medical reasons too
- University board slashes diversity program funding to divert money to public safety resources
- Second defendant convicted in Fond du Lac 2016 firebombing
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