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]
2008 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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