Unreasonable Refusal To Rehire In A Recent Wisconsin Workers’ Comp Case

By Howard Eglash, Personal Injury Attorney

When an employee suffers a work-related injury, the path back to employment often creates tension between medical restrictions and business operations. A recent Wisconsin workers’ compensation case, Bruce Belland Trucking, Inc. v. Labor and Industry Review Commission, highlights how disputes over reemployment can lead to penalties when an employer refuses to rehire an injured worker without sufficient justification.

Although this decision is unpublished and not binding precedent, the case offers a useful look at how Wisconsin evaluates claims of unreasonable refusal to rehire. For both employers and injured workers, the case illustrates how return-to-work decisions receive close scrutiny.

Important Note: This case is an unpublished Wisconsin Court of Appeals decision. Unpublished decisions are not binding precedent and generally cannot be cited or relied on as legal authority in other cases. The discussion here is intended only to explain how Wisconsin agencies and courts may analyze refusal to rehire issues, not to predict outcomes or provide legal advice.

What Unreasonable Refusal To Rehire Means In Wisconsin

Wisconsin workers’ compensation law includes specific protections for injured employees who are able to return to work. When an employee has permanent restrictions and applies to return to suitable employment, an employer must have a valid reason for refusing to rehire.

An unreasonable refusal to rehire can result in financial penalties. These penalties are designed to discourage employers from sidelining injured workers who remain capable of performing available work within their medical limitations.

The law does not require employers to create new positions. It does require honest evaluation of available work and good-faith consideration of the employee’s restrictions.

Background Of The Belland Trucking Case

In Bruce Belland Trucking, Inc. v. Labor and Industry Review Commission, the dispute centered on whether the employer unreasonably refused to rehire an injured worker following a compensable work injury.

The employee had medical restrictions but sought to return to work. The employer declined, citing concerns related to job duties and restrictions. The case moved through the workers’ compensation system, ultimately reaching the Labor and Industry Review Commission.

The Commission found the refusal to rehire was unreasonable. The employer challenged that decision, leading to appellate review.

Because the decision is unpublished, Wisconsin courts do not treat it as binding authority. Still, the reasoning provides insight into how similar disputes are analyzed.

How LIRC Evaluates Refusal To Rehire Claims

The Labor and Industry Review Commission examines several factors when reviewing refusal to rehire cases.

These include:

• The nature of the employee’s medical restrictions
• Whether suitable work existed at the time of the refusal
• The employer’s stated reasons for not rehiring
• Whether those reasons align with business needs and medical evidence

In this case, LIRC focused on whether the employer had available work the employee could perform safely and effectively. The Commission also examined whether the employer’s explanation held up when compared to the actual job duties and operational practices.

Why Medical Restrictions Matter

Medical restrictions form the foundation of return-to-work decisions. Employers often rely on these restrictions to justify employment decisions. Problems arise when restrictions are interpreted too narrowly or used as a blanket excuse.

Wisconsin expects employers to match restrictions to real job functions. If modified duties or alternative tasks already exist, refusing to rehire may trigger penalties.

This case reinforces a common issue in workers’ compensation disputes. Decisions must reflect actual job requirements, not assumptions or hypothetical concerns.

Consequences Of An Unreasonable Refusal

When an employer unreasonably refuses to rehire an injured worker, Wisconsin law allows for wage loss penalties. These penalties serve as compensation for income the worker loses due to the refusal.

The financial impact extends beyond penalties. Employers may face increased scrutiny in future claims. Employees experience prolonged financial instability and delayed recovery.

Understanding these risks encourages more careful return-to-work evaluations and clearer communication between employers, medical providers, and employees.

Why This Case Still Matters Even Though Unpublished

Unpublished decisions do not establish binding precedent. They still reflect how agencies and courts think through similar disputes.

Attorneys, employers, and insurers review these cases to assess risk. Patterns in reasoning influence how future cases are argued and resolved.

For injured workers, the case shows refusal to rehire claims receive serious review. Employers must support decisions with evidence, not general concerns.

Reading The Decision And Understanding Its Limits

The full decision is available through the Wisconsin Court System.

Bruce Belland Trucking, Inc. v. Labor and Industry Review Commission
Wisconsin Court of Appeals, unpublished decision
Source: Wisconsin Court System
https://www.wicourts.gov/ca/opinion/DisplayDocument.pdf?content=pdf&seqNo=1045151

Because the decision is unpublished, individuals should not rely on it as legal authority. Each workers’ compensation case depends on specific facts, medical evidence, and job conditions.

When To Seek Legal Guidance

Refusal to rehire disputes often involve complex factual questions. Medical restrictions change. Job duties evolve. Miscommunication creates risk on both sides.

Early legal review helps injured workers protect wage loss rights and helps employers evaluate obligations accurately. Waiting often leads to avoidable disputes and higher costs.

Bosshard Parke assists clients across Wisconsin with workers’ compensation matters, including refusal to rehire claims.

If you have questions about return-to-work obligations or believe a refusal to rehire may be unreasonable, request a consultation with a workers’ compensation attorney at Bosshard Parke.

Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. For specific guidance on your situation, please consult an attorney at Bosshard Parke.