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Significant LIRC Decisions - 2003

Darlene R. Hoefs v. Midway Hotel/Paytons Restaurant
WC Claim No. 1999-029146 (LIRC Oct. 21, 2003).
The insurer is not liable for treatment expense written off by the health care providers.

Richard Hetchler v. E. C. Styberg Engineering Co. Inc.
WC Claim No. 2000-027319 (LIRC Aug. 28, 2003), footnote 2.
Offsets against temporary total disability for non-industrial disability benefits are computed on the amount of the gross payment, and the employee may have to file amended tax returns to recoup the tax payments withheld from payments under the non-industrial policy.

James Hartl v. Alfa Laval Inc.
WC Claim No. 2001-009817 (LIRC Jan. 31, 2003)
There is liability for hearing aids made necessary by occupational hearing loss, even when there is no compensable hearing loss.

Klatt v. Milwaukee Composites
Claim No. 1998-065107 & 2000-012004 (LIRC Oct. 16, 2003).
Use of surveillance videos at hearing and admissibility of IME reports not immediately provided to the applicant.

This case was remanded to LIRC from the Circuit Court for Milwaukee County, for the Commission to determine the proper use of surveillance videotapes on worker’s compensation claims. The Commission’s decision on remand is significant in finally providing guidance on some of the issues relating to surveillance videos. The case also deals with the admissibility of IME reports that are not immediately provided to the applicant.
There is also an unpublished court of appeals decision on surveillance videos: Premeau v. LIRC, No. 00-0266 (Wis. Ct. App. Jan. 11, 2001).