Court Upheld Lost Wage Award for Injured Employee
Wisconsin employers must assess rehire suitability for injured staff regardless of formal applications.
Updated on Oct. 12, 2026 in Jobs — General
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The Wisconsin Court of Appeals affirmed a lost wage award against Bartelt Custom Automotive, ruling the company failed to prove reasonable cause for refusing to rehire an injured welder. This decision clarifies employer obligations under state labor laws.
Why it matters
The ruling changes the compliance calculus for employers by confirming that workers need not formally apply for open roles to establish valid rehire claims after an injury. Business owners must now proactively evaluate injured staff for any available, suitable positions.
The Wisconsin Court of Appeals upheld a lost wage award in case 2024AP000133, clarifying the scope of Wis. Stat. 102.35(3). The decision affects how businesses evaluate rehire requirements for employees previously released due to injury.
The players
Bartelt Custom Automotive
A Wisconsin-based business managing personnel and facility operations.
Labor and Industry Review Commission
A state administrative agency responsible for reviewing and adjudicating labor-related claims.
Wisconsin Court of Appeals
The intermediate appellate court overseeing legal compliance for businesses across the state.
The details
The court determined that Bartelt Custom Automotive was aware of the welder's desire to return and capability to work, despite the welder not formally applying for an open press-brake operator position. Under Wis. Stat. 102.35(3), employers are obligated to offer suitable work if reasonable cause for refusal is absent. The court held that the absence of a formal application does not preclude a claim when an employer knows an injured employee is both able and willing to resume employment.
Timeline
The Wisconsin Court of Appeals issued the decision in 2026.
Market Landscape
This ruling clarifies the practical application of Wis. Stat. 102.35(3) for business operators. It establishes a precedent that shifts the burden toward proactive employer communication when managing the return of injured staff.
Business owners should review their return-to-work protocols to ensure they consider injured staff for all available, suitable openings. Documenting internal efforts to offer roles can mitigate liability under state rehire statutes.
The takeaway
Operators must assume that knowledge of an injured employee's interest in returning is legally significant regardless of whether a formal application is filed. Review your internal records on employee availability and job openings with counsel to ensure compliance with rehire mandates.
Further reading
For more on managing employee transitions and legal requirements, see Jobs — General.
Source note: This article includes information reported by Wisconsin Law Journal - WI Legal News & Resources.
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