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Safety

Tip No. 3

Safety violation claims under section 102.57 Stats. must be pleaded with some specificity. If you are alleging a violation of the Wisconsin Safe Place Statute, section 101.11 Stats., you must state what the unsafe condition was that caused the injury. If you are alleging a violation of a specific safety provision or rule under OSHA or the Wisconsin Administrative Code, you must state which one. If you do not plead with specificity, you will receive a GL39 standard form letter from the Department advising you that your case will not be scheduled for a hearing until you provide the specifics.

Posted in Safety

Tip No. 2

OSHA does not preempt sec. 102.57 Stats. The violation of an OSHA standard that causes injury to a worker, provides a basis for a violation under the safe place statute, sec. 102.11 Stats., and the award of a penalty payment under sec. 102.57 Stats. Sohn Mfg v. Labor and Indus. Rev. Comm'n, 350 Wis. 2d 469, 838 N.W.2d 131 (2013).

Posted in Safety

Tip No. 1

When calculating the amount of increased compensation under sec. 102.57, the 15% penalty is not assessed against compromise amounts. Mary Jo England v. Decor Products Inc., WC Claim No. 2010-002974 (LIRC  July 26, 2012)

Posted in Safety