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Wis. high court upholds disability assessment

Posted On: Feb. 5, 2007 12:00 AM CST

MADISON, Wis.--A worker who underwent two knee surgeries for the same injury is entitled to an award doubling his doctor's permanent partial disability assessment, Wisconsin's Supreme Court has ruled.

The case of DaimlerChrysler c/o ESIS vs. Labor and Industry Review Commission and Glen May stems from an injury Mr. May suffered in April 1999 when an engine banged into his knee.

After a second ligament repair surgery, Mr. May returned to work and his employer, DaimlerChrysler, paid him $7,820 for the 10% permanent partial disability assessment. But Mr. May sought additional compensation, and Wisconsin's Labor and Industry Review Commission eventually concluded that Mr. May was entitled to a minimum 10% recovery for each surgery.

A divided 4-3 Supreme Court upheld that finding Friday, with dissenters agreeing with the employer that Mr. May's knee did not worsen after the second surgery and that his award should not be stacked and should remain at 10%.