Program Chair & Presenter
Cathy A. Lake
Wisconsin Department of Workforce Development
Madison
Presenters
Tracy Aiello
Bureau of Claims Management,
Wisconsin Department of Workforce Development
Madison
Emily K. Elderkin
Hennessy & Roach, P.C.
Milwaukee
Robert J. Janssen
Janssen Law LLC
Green Bay
Lauren A. Luckenbill
Hennessy & Roach, P.C.
Milwaukee
Jason R. Oldenburg
Injury and Disability Law Office of Wisconsin LLC
Milwaukee
Sarah E. Peterson
State Bar of Wisconsin
Madison
Gregory A. Pitts
Schoone, Leuck, Kelley, Pitts & Pitts, S.C.
Racine
James A. Pitts
Schoone, Leuck, Kelley, Pitts & Pitts, S.C.
Racine
William R. Sachse, Jr. (Retired)
Peterson, Johnson and Murray, S.C.
Sheboygan Falls
Karl A. VanDeHey
Borgelt, Powell, Peterson & Frauen, S.C.
Milwaukee
Scott E. Wade
von Briesen & Roper, S.C.
Waukesha
Emily K. Elderkin
Hennessy & Roach, P.C.
Milwaukee
8:30 AM Case Law Update
- 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)
Karl A. VanDeHey
9:20 AM Employee Misconduct and Workers' Comp Claims
- 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
Emily K. Elderkin, Lauren A. Luckenbill
10:10 AM Break
10:25 AM DWD Update
Tracy Aiello, Cathy A. Lake
11:15 AM Ethical Issues When Litigating Worker’s Compensation Cases
Robert J. Janssen, Jason R. Oldenburg, Sarah E. Peterson, Karl A. VanDeHey, Scott E. Wade
12:05 PM Lunch (on your own)
1:10 PM Legislative Update
- 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
William R. Sachse, Jr.
2:00 PM Break
2:15 PM Permanent and Total Disability Calculations
- 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
Gregory A. Pitts, James A. Pitts
3:05 PM Program Concludes
- Understand how recent case law affects employment status disputes, occupational disease claims, and employer liability
- Develop stronger strategies for evaluating and litigating misconduct and compensability issues
- Help clients navigate recent legislative and regulatory developments
- Recognize ethical risks and professional responsibility challenges before they become bigger problems
- Improve your confidence when handling permanent total disability claims and benefit calculations
- Worker's compensation practitioners
- Government lawyers
- Insurance lawyers
- Employment lawyers
- Civil litigators
Book Bonus!
Worker's Compensation Handbook
Save 25% on the Worker's Compensation Handbook.* This trusted Wisconsin resource provides comprehensive guidance on worker's compensation law, procedure, benefits, and practice.
Use discount code CA3989 when you order online or by calling (800) 728-7788.
*Discount applies to both print and digital Books Unbound® editions of this title and cannot be applied to previous purchases. Offer valid through 12/31/27. For Books Unbound users, discount may be applied to purchase of individual Books Unbound title only and may not be used on the purchase of libraries. Discount cannot be combined with any other offers.