Takeaways
The Wisconsin Court of Appeals’ recent Bartelt decision clarified that claimants’ bringing an “unreasonable failure to rehire” claim under the Worker’s Compensation Act, Wis. Stat. § 102.35(3), need only show employment, a work-related injury and a subsequent denial to rehire.
Former employees do not need to prove they were denied rehire because of their work injury or that they formally applied for rehire.
To reduce liability risk, employers should inform injured employees cleared to work of suitable open positions, regardless of whether they previously declined the position or applied for rehire.
Article
The Wisconsin Court of Appeals has clarified employees’ burden to demonstrate their employer unreasonably failed to rehire them after a compensable workplace injury in violation of Wisconsin’s Worker’s Compensation Act, Wis. Stat. § 102.35(3). Bartelt Custom Automotive, Inc. v. LIRC, No. 2024AP133 (Wis. Ct. App. Oct. 6, 2026).
Now, to establish a prima facie case,… Read the complete article here...
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