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Bosco v. Labor & Industry Review Commission

WISJune 15, 2004No. 03-0662Cited 32 times
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Case Details

Judge(s)
Wilcox, Sykes
Status — whether other courts must follow this ruling
Published
Procedural Posture — the stage the case had reached
appeal

Related Laws

No specific laws identified for this ruling.

Claim Types

Wage Theft

Outcome

The Wisconsin Supreme Court affirmed that the employer and insurer were required to pay permanent total disability benefits during appeal under § 102.23(5) when liability was conceded but only the date of injury was disputed, and reversed the denial of bad faith penalties for failure to pay.

What This Ruling Means

**What This Case Was About** Sharon Bosco was a worker who suffered an injury and applied for permanent total disability benefits from her employer, A.T. Polishing Company, and their insurance company. The employer and insurer agreed that Bosco was injured and deserved benefits, but they disputed when exactly the injury occurred. While this disagreement was being appealed in court, the employer and insurer stopped paying Bosco's disability benefits, leaving her without the income she needed. **What the Court Decided** The Wisconsin Supreme Court ruled in Bosco's favor on two important points. First, the court said that when an employer admits a worker was injured but only argues about details like the date of injury, they must continue paying disability benefits during the appeal process. Second, the court found that the employer and insurer acted in bad faith by refusing to pay benefits they knew were owed, and ordered them to pay additional penalties for this wrongful conduct. **Why This Matters for Workers** This ruling protects workers from being left without income during lengthy appeals. Even when employers dispute minor details about workplace injuries, they cannot simply stop paying legitimate disability benefits. Workers also have stronger protection against employers who act in bad faith by refusing to pay benefits they know are owed.

This summary was generated to explain the ruling in plain English and is not legal advice.

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