Cumulative Workers Compensation Awards Allowed Even if One for Joint Replacement
A worker, Nash, injured his knee in the course and scope of employment and underwent two knee surgeries as a result: first a meniscectomy and, next, a total knee replacement. His doctor rated him with 5% permanent partial disability (PPD) for the meniscectomy and 50% PPD for the knee replacement. However, the employer’s insurance company only paid 45% PPD. Nash then filed an application for hearing alleging entitlement to 55% PPD. The ALJ sided with Nash, finding that under Daimler-Chrysler v. LIRC, 2007 WI 15, 299 Wis. 2d 1, 727 N.W.2d 311, cumulative PPD awards for multiple surgeries to the same body part necessitated by the same injury are allowed. The insurance company appealed to the LIRC, which affirmed the ALJ, then to the circuit court, which reversed the LIRC. LIRC then appealed to the court of appeals.
The court of appeals reversed, holding that cumulative stacking of PPD awards for multiple surgeries to the same body part necessitated by the same work injury are allowed even where one of the surgeries was a total replacement of the injured joint.
Madison Gas & Electric v. LIRC, 2011 WI App 110 (2010AP1849) Court of Appeals opinion
