Court Retains Definition of Wages for Workers' Comp Claims

April 4, 2001
A unanimous Supreme Court ruling issued Tuesday protects the\r\nWisconsin state workers' compensation system by excluding benefits\r\nfrom the definition of wages for claims.

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A unanimous Supreme Court ruling issued Tuesday protects the Wisconsin state workers'' compensation system by excluding benefits from the definition of wages for claims.

In the case Theuer v. Labor & Industry Review Commission, the court ruled that the state legislature never intended fringe benefits to be counted as wages in determining workers'' compensation benefit levels.

Steven Theuer suffered a workplace injury Oct. 29, 1997, at Ganton Technologies Inc.

The Department of Workforce Development (DWD) refused to include benefits as part of his wage calculation for workers'' compensation.

The ruling was upheld by an administrative law judge, the Wisconsin Labor & Industry Review Commission and a Racine County Circuit Court.

The Supreme Court agreed, and said including benefits in workers'' compensation claims would create new and increased costs for businesses, and would be complex and costly for the DWD to calculate.

Wisconsin Manufacturers & Commerce (WMC), the state''s largest business group, lauded the landmark workers'' compensation ruling.

"This is a major victory for businesses and workers because it protects the system that pays injured workers and avoids protracted litigation," said James Buchen, vice president of government relations for WMC.

Buchen said allowing fringe benefits to be included with wages of workers'' compensation would increase costs by 30 percent for Wisconsin businesses.

"The system currently provides swift payments to workers and was never intended to include fringe benefit wages."

by Virginia Sutcliffe

About the Author

EHS Today Staff

EHS Today's editorial staff includes:

Dave Blanchard, Editor-in-Chief: During his career Dave has led the editorial management of many of Endeavor Business Media's best-known brands, including IndustryWeekEHS Today, Material Handling & LogisticsLogistics Today, Supply Chain Technology News, and Business Finance. In addition, he serves as senior content director of the annual Safety Leadership Conference. With over 30 years of B2B media experience, Dave literally wrote the book on supply chain management, Supply Chain Management Best Practices (John Wiley & Sons, 2021), which has been translated into several languages and is currently in its third edition. He is a frequent speaker and moderator at major trade shows and conferences, and has won numerous awards for writing and editing. He is a voting member of the jury of the Logistics Hall of Fame, and is a graduate of Northern Illinois University.

Adrienne Selko, Senior Editor: In addition to her roles with EHS Today and the Safety Leadership Conference, Adrienne is also a senior editor at IndustryWeek and has written about many topics, with her current focus on workforce development strategies. She is also a senior editor at Material Handling & Logistics. Previously she was in corporate communications at a medical manufacturing company as well as a large regional bank. She is the author of Do I Have to Wear Garlic Around My Neck?, which made the Cleveland Plain Dealer's best sellers list.

Nicole Stempak, Managing Editor:  Nicole Stempak is managing editor of EHS Today and conference content manager of the Safety Leadership Conference.

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