Sinkler v. American Family Insurance Co. (Cost of Collection)

In Sinkler v. American Family Insurance Co. (2019AP88), the Court of Appeals District III upheld an award of $0 in attorney’s fees to a worker’s compensation insurer and declined to adopt a rule dividing costs of collection on a pro rata basis – in proportion to their recoveries – between the employee’s and the insurer’s […]

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Brown v. Muskego Norway School District Group Health Plan (Worker’s Compensation)

In Brown v. Muskego Norway School District Group Health Plan (2018AP1799), the Court of Appeals District II held that the plaintiff was in the course of his employment when he was injured in a motorcycle accident; therefore, his health plan excluded coverage because he was eligible for worker’s compensation. Plaintiff William Brown was injured in […]

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Varsity Tutors LLC v. LIRC (Worker Classification)

In Varsity Tutors LLC v. LIRC (2018AP1951), the Court of Appeals District I held that a worker was an independent contractor, not an employee, of an online business connecting tutors and students. Varsity Tutors hosts online profiles of contracted tutors and allows students to browse and select tutors. Once students have selected and been accepted […]

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McCormick v. Auto Club Insurance Association (Doctrine of Accord and Satisfaction)

In McCormick v. Auto Club Insurance Association (2018AP753), the Court of Appeals District I held that the doctrine of accord and satisfaction applied when the plaintiff cashed a check that the defendant insurer intended to settle the claim. After David McCormick was injured in an automobile accident with an uninsured driver, McCormick sought his full […]

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Harwood v. Wheaton Franciscan Services, Inc. (Class Action Certification)

In Harwood v. Wheaton Franciscan Services, Inc. (2018AP1836), the Court of Appeals District I affirmed class action certification in a lawsuit against a medical provider related to medical record fees. Plaintiff Elizabeth Harwood filed the lawsuit against Wheaton Franciscan, alleging Wheaton Franciscan illegally charged her attorney fees for copies of her health records. Harwood sought […]

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Beedle v. Wisconsin Mutual Insurance Co. (Insurance Policy Business Exclusion)

In Beedle v. Wisconsin Mutual Insurance Co. (2018AP2147), the Court of Appeals District IV held that an insurance policy’s business exclusion applied when the insured was engaging in a side job, barring coverage for an injury caused by the insured’s negligence on the job. Plaintiff Jacob Beedle was injured while helping the insured construct a […]

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Paynter v. ProAssurance Wisconsin Insurance Co. (Medical Malpractice Coverage)

In Paynter v. ProAssurance Wisconsin Insurance Co. (2017AP739), the Court of Appeals District III held that a medical malpractice insurance policy did not provide coverage for a doctor’s alleged liability connected with services performed in another state. The underlying claim in the case arose when Dr. James Hamp, who operates offices in both Wisconsin and […]

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State of Wisconsin ex rel. Collison v. City of Milwaukee Board of Review (Property Tax Assessment)

In State of Wisconsin ex rel. Collison v. City of Milwaukee Board of Review (2018AP669), the Court of Appeals District I upheld the tax assessment of a property with environmental pollution. Property owner Ronald Collison appealed a $31,800 tax valuation of his property, arguing the property’s fair market value is zero dollars due to environmental […]

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Mueller v. LIRC (Worker’s Compensation)

In Mueller v. LIRC (2018AP707), the Court of Appeals District III held that employees must show actual wage loss attributable to a work-related injury in order to be eligible for temporary disability worker’s compensation benefits. Employees may not receive temporary disability if they voluntarily retire, nor if subsequent attempts to re-enter the labor market are […]

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Chapp v. Colgate-Palmolive Co. (Talcum Powder)

In Chapp v. Colgate-Palmolive Co. (2018AP937), the Court of Appeals District I held that the plaintiff presented insufficient evidence that Colgate talcum powder caused his wife’s cancer and therefore upheld summary judgment in favor of Colgate. Ruth Chapp used Colgate’s Cashmere Bouquet talcum powder daily. Her husband Dale Chapp, who worked in an occupation where […]

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