Theuer v. Labor & Industry Review Commission

**What Happened** An employee at Ganton Technologies, Inc. was injured and applied for worker's compensation disability benefits. The dispute centered on how to calculate the employee's "average weekly wage" – the amount used to determine disability payments. The employee wanted health insurance premiums paid by the employer to be included in this calculation, which would have increased the weekly benefit amount. **What the Court Decided** The Wisconsin Supreme Court ruled against the employee. The court upheld the Labor and Industry Review Commission's decision that health insurance premiums should not be counted when calculating average weekly wage for disability benefits. The court found that the Commission's interpretation of the state law was reasonable and deserved respect. **Why This Matters for Workers** This ruling affects how much money injured workers receive in disability benefits. When calculating these benefits, only certain types of compensation count toward the "average weekly wage." Health insurance premiums paid by employers are excluded from this calculation, which means workers cannot boost their disability payments by including the value of their health benefits. Workers should understand that disability benefits are based on actual wages and specific types of compensation, not the total value of their entire benefits package.