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Woman denied temporary disability benefits

People who live in Wisconsin and who develop illnesses or experience injuries related to the execution of their job duties generally believe that they may be able to receive workers' compensation to help them when they cannot earn their full wages. However, the receipt of workers' compensation is not always a guarantee and there are many nuances to the program that may find a worker's claim for these benefits denied.

One woman is in this very situation, even after her case has been appealed to the Labor and Industry Review Commission. As explained by the Wisconsin State Bar, the denial was based in part on fact that the woman voluntarily left her job. She then chose to work at another job on a part-time basis even when she admittedly could have worked full-time. The benefits she was denied were for a temporary partial disability.

The TBD benefits are payable to a person who is unable to work for a temporary period of time or who can work only in a limited capacity while healing from an injury or illness. This woman was able to work in a broader capacity but elected not to. She also elected to retire from the job she had when she sustained her injury.

After undergoing surgery on her shoulder, the woman was granted permanent partial disability benefits, however. These benefits appear to have been unaffected by her choice to retire and by her choice to work in a lesser capacity than she was able to work at her new job.


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We invite you to contact our office today by calling 414-727-7003 or by sending us an email to schedule a free initial consultation regarding your workers' compensation claim. We are located in Wauwatosa, Wisconsin. Our office hours are Monday through Friday from 9 a.m. to 5 p.m., and evenings and weekends by appointment. If we take on your case, we only charge fees when we obtain compensation for you.

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Paul M. Erspamer Law Offices, S.C.

Paul M. Erspamer Law Offices, S.C.
8112 West Bluemound Road
Suite 108
Wauwatosa, WI 53213

Phone: 414-727-7003
Fax: 414-727-7004
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