Amendment to Workers Compensatation Statute on Awarding Prospective Medical Expense Not Applied Retroactively
A worker, Wasmund, sustained a low back work injury on December 11, 2001, and she was paid worker’s compensation benefits. In 2007, she filed an application for prospective medical treatment, specifically surgical intervention. The worker’s compensation insurer denied the claim on the basis of IME reports and the claim proceeded to hearing where the ALJ found in favor of Wasmund and ordered the insurer to cover future treatment expense. The insurer appealed to the LIRC, arguing that Wis. Stat. sec. 102.18(1)(b)— the statute that authorizes orders for prospective medical treatment—did not apply to Wasmund’s injury because the statute became effective on January 1, 2002. As Wis. Stat. sec. 102.18(1)(b) is not listed in Wis. Stat. sec. 102.03(4) as an exception to the rule stated in that section that “the right to compensation and the amount of the compensation shall in all cases be determined in accordance with the provisions of law in effect as of the date of injury,” the insurer argued that the Department’s order was erroneous. Wasmund asserted that Wis. Stat. sec. 102.18(1)(b) was a procedural or remedial statute because it simply “improves or facilitates remedies already existing for the enforcement of rights and redress of injuries,” and that it could therefore be applied retroactively. The LIRC affirmed the ALJ and the insurer appealed to the circuit court, which affirmed the LIRC. The insurer appealed to the court of appeals.
The court of appeals affirmed, holding that Wis. Stat. sec. 102.18(1)(b) could be applied retroactively because it is a remedial or procedural statute, and that the Department can order prospective medical treatment expense in claims where the injury occurred before the statute’s effective date of January 1, 2002.
Rock Tenn Co. v. LIRC, 2011 WI App 93 (2010AP1723) Court of Appeals opinion
