Schedule
Case Law Update
Karl A. VanDeHey
- Novak (LIRC Claim No. 2019-011855, Oct. 16, 2025) and the standards for determining employee, loaned employee, and temporary help agency status at the time of injury
- Durr-Hodge (LIRC Claim No. 2021-005577, Dec. 16, 2025) and the legal standards for evaluating workplace COVID-19 infection and exposure claims
- Garrison (LIRC Claim No. 2023-019579, Mar. 19, 2026) and O’Brien (LIRC Claim No. 2015-005808, May 29, 2026) and the standards for employer liability under unreasonable refusal-to-rehire claims in Wis. Stat. § 102.35(3)
Employee Misconduct and Workers' Comp Claims
Emily K. Elderkin, Lauren A. Luckenbill
- Identify when employee misconduct, including violations of employer directives, horseplay, workplace fights, and drug or alcohol policy violations, removes an employee from the course and scope of employment
- Distinguish between misconduct that defeats a workers' compensation claim and conduct that does not preclude compensation
- Explore defenses that may reduce or suspend temporary total disability benefits even when misconduct does not remove the employee from the course and scope of employment
Break
DWD Update
Tracy Aiello, Cathy A. Lake
Ethical Issues When Litigating Worker’s Compensation Cases
Robert J. Janssen, Jason R. Oldenburg, Sarah E. Peterson, Karl A. VanDeHey, Scott E. Wade
Lunch (on your own)
Legislative Update
William R. Sachse, Jr.
- Review changes to permanent total disability and permanent partial disability compensation rates
- Examine the new hospital billing fee schedule
- Discuss the revised burden of proof for certain first responder post-traumatic stress claims
- Review changes to the statute of limitations in undisputed cases
- Examine new provisions governing lump-sum payments in compromised cases
Break
Permanent and Total Disability Calculations
Gregory A. Pitts, James A. Pitts
- Review the fundamentals of permanent total disability claims, including evidence, burden of proof, and defenses
- Calculate permanent total disability benefits, including present value, offsets, and supplemental benefits under Wis. Stat. § 102.44, as amended by 2025 Wis. Act 145