The Wisconsin Supreme Court issued its decision in Flug v. Labor and Industry Review Commission.   The issue raised was “[d]oes Wis. Stat. § 102.42(1m) make an employer liable for disability resulting from invasive treatment, when the claimant has not established that the treatment in fact treated a compensable work injury?” Statute Wis. Stat. § 102.42(1m) provides the following:

• Liability for unnecessary treatment. If an employee who has sustained a compensable injury undertakes in good faith invasive treatment that is generally medically acceptable, but that is unnecessary, the employer shall pay disability indemnity for all disability incurred as a result of that treatment.

In this decision, the Court held that an employee is not eligible for benefits under Wis. Stat. § 102.42(1m) if the disability-causing treatment was directed at treating something other than the employee’s compensable injury.  Specifically, because Ms. Flug’s surgery treated her pre-existing condition, not her compensable work injury, her claim must be disallowed.

At the injury and Disability Law Office of Wisconsin, we focus on winning your case by proving that your work injury caused a permanent aggravation to your pre-existing or degenerative condition.