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Recent UI, WC and ER appellate court decisions --                                [See also, Court decisions since 1995]  

Information about recently published appellate court decisions in the areas of Unemployment Insurance, Workers' Compensation, and Equal Rights/Discrimination, as well as links to full-text reproductions of the decisions, are provided below. The decisions listed here have been issued within the last year.  (Note: Only published Court of Appeals decisions are included here).

[recent UI decisions]     [recent WC decisions]     [recent ER decisions]

* For access to full-text reproductions of all published court decisions issued since 1995 in these areas, please visit our
    UI, WC and ER court decisions issued since 1995  page.

* For access to summaries of Circuit Court decisions in UI cases, please visit our Search UI Decisions  page.

[The links provided on this page are to the versions of these decisions at the websites of the Wisconsin Supreme Court and  Court of Appeals]


Unemployment Insurance --

Gary Gilbert v. LIRC and DWD,      [HTML]   [PDF]
2
008 WI App 173, __ Wis. 2d __, 762 N.W.2d. 761 (#2006AP2694; Filed November 26, 2008)
(individuals' home-building work was Wisconsin "employment"  under § 108.02(15), and they were employees, not independent contractors, under § 108.02(12))

 

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Workers' Compensation --

McRae v. Porta Painting, Secura Supreme and LIRC [HTML]   [PDF]
2009 WI App 89,
_Wis. 2d _, 769 N.W.2d 74 
(#2008AP1946, Filed May 20, 2009)
(employee injured while driving personal vehicle not performing services growing out of and incidental to employment)

Schreiber Foods, Inc. v. LIRC,   [HTML]    [PDF]
2009 WI  App 40, 316 Wis.2d 516, 765 N.W.2d 850 (#2008AP1977, Filed February 10, 2009)
(LIRC properly declined to reopen a final LOEC award when time-of-injury employer re-employed the injured worker after the award)

County of Dane v. LIRC and Gloria N. Graham,  [HTML]    [PDF]
2009 WI  9, 315 Wis.2d 293, 759 N.W.2d 571 (#2006AP2695, Filed January 23, 2009)
(A limp may be disfigurement compensable under Wis. Stat. 102.56.)

Estate of Torres v. Morales,  [HTML]    [PDF]
2008 WI App 113, 313 Wis. 2d 371, 756 N.W.2d 662 (#2007AP1519, Filed June 18, 2008)
(Wisconsin WC act applies where an out-of-state employer sends an out-of-state employee to Wisconsin and the employee is injured or killed in Wisconsin in the course of employment)

Michels Pipeline Construction v. LIRC and Benites,  [HTML]   [PDF
2008 WI App 55, 309 Wis.2d 470, 750 N.W.2d 485 (#2007AP0607, Filed March 13, 2008)
(
Social security offset may reduce temporary disability benefits paid during period worker is engaged in voc. rehab. program)

Waste Managment, Inc., v. LIRC,  [HTML]   [PDF
2008 WI App 50, 308 Wis.2d 763, 747 N.W.2d 782 (#2007AP2405, Filed February 27, 2008)
(LIRC violated employer's due process rights by holding it liable on theory not raised before the ALJ)

 

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Equal Rights/Discrimination --

Coulee Catholic Schools v. LIRC & Ostlund [HTML]    [PDF]
2009 WI 88, __Wis. 2d__, __N.W.2d__
(Catholic school teacher's age discrimination claim precluded by 1st Amendment)

Rutherford v. LIRC and Wackenhut Corp.,   [HTML]     [PDF]
2008 WI App 66, 309 Wis. 2d 498, 752 N.W.2d 897
(ALJ erred in excluding relevant and material medical evidence documents offered by complainant)

Coulee Catholic Schools v. LIRC and Ostlund   [HTML]    [PDF]
2008 WI App 68, 312 Wis. 2d 331, 752 N.W.2d 342
(Catholic elementary school teacher's job not "ministerial", constitutional to hear her age discrimination claim)

Joyce Aldrich v. LIRC,   [HTML]    [PDF]  
2008 WI App 63, 310Wis. 2d 796, 751 N.W.2d 866 
(claim preclusion not applicable to WFEA claim which could not have been brought in prior federal action)

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This page was last updated September 18, 2009.   

Please direct questions or comments about this website to David B. Nance.