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BEECHER v. LIRC

No. 02-1582.

273 Wis.2d 136 (2004)

2004 WI 88

682 N.W.2d 29

Ralph E. BEECHER, Plaintiff-Appellant, v. LABOR & INDUSTRY REVIEW COMMISSION, Outokumpu Copper Kenosha, Inc. and Fremont Indemnity Co., Insurer, c/o Casualty Insurance, Defendants-Respondents-Petitioners.

Supreme Court of Wisconsin.

Decided June 29, 2004.

Attorney(s) appearing for the Case

For the defendant-respondent-petitioner, Labor and Industry Review Commission, the cause was argued by Stephen M. Sobota, assistant attorney general, with whom on the briefs was Peggy A. Lautenschlager, attorney general.

For the defendant-respondent-petitioner, Outokumpu Copper Kenosha, Inc., and Fremont Indemnity Co., Insurer, c/o Casualty Insurance, there were briefs by Scott E. Wade, William R. Sachse, Jr., Jessica M. Vianes, Heidi M. Biasi and Peterson, Johnson & Murray, S.C., Milwaukee, and oral argument by Scott E. Wade.

For the plaintiff-appellant there was a brief by Daniel J. Kelley and Schoone, Leuck, Kelley, Pitts & Knurr, S.C., Racine, and oral argument by Daniel J. Kelley.

¶ 1. DIANE S. SYKES, J.

In this case we revisit the so-called "odd-lot doctrine," an aspect of worker's compensation law dealing with cases of permanent total disability. The issue presented is whether a prima facie case for permanent total disability under the "odd-lot" doctrine must include evidence that the injured employee has made a reasonable effort to find suitable post-injury employment.

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