Court Eases Proof Requirements for Injured Rehire Claims
Wisconsin employers must offer roles to injured workers immediately upon their medical release to reduce wage loss liability.
Updated on Oct. 22, 2026 in Jobs — General
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On October 6, 2026, the Wisconsin Court of Appeals ruled that injured employees need only prove their employment, injury, and a failure to rehire to establish a prima facie claim. This interpretation of the Worker's Compensation Act simplifies the burden of proof for workers and heightens liability considerations for state employers.
Why it matters
The ruling clarifies that employees are not required to prove that a denial of rehire was specifically caused by their injury or that they formally applied for a position. Employers must now recognize that failing to proactively offer qualified, injured workers available roles creates significant exposure to wage loss awards.
The court affirmed a wage loss award totaling one year of compensation, the maximum duration allowed under the statute. This ruling defines the burden of proof for all Wisconsin employers managing return-to-work protocols for compensable injuries.
The players
Bartelt Custom Automotive, Inc.
An automotive business based in Milwaukee that was subject to the court ruling regarding worker rehire obligations.
Kevin Warlow
The injured employee whose case established new precedent for worker rehire claims in Wisconsin.
Wisconsin Court of Appeals
The intermediate appellate court that sets judicial precedent for state business law and worker compensation compliance.
The details
Under this ruling, an employer's obligation to offer available positions is triggered upon an employee's medical release. Companies do not need to wait for a formal rehire application to trigger potential liability. By establishing that the causal link between the injury and the refusal to rehire is irrelevant to the prima facie case, the court has effectively shifted the operational burden to employers to prove they offered work or that no suitable position existed.
Timeline
January 9, 2017: Kevin Warlow sustained a compensable workplace injury.
February 28, 2017: Kevin Warlow was released to work without restrictions.
October 6, 2026: The Wisconsin Court of Appeals issued the Bartelt decision.
Market Landscape
This ruling represents a significant judicial narrowing of the employer's defense framework under the Wisconsin Worker's Compensation Act. It establishes a more stringent operational standard that follows a pattern of heightened protection for injured workers in state courts.
Business owners should audit their return-to-work policies to ensure that every qualified injured worker is offered an available position upon release. Consult with legal counsel to document all rehire offers to mitigate the risk of one-year wage loss claims.
The takeaway
The court has lowered the threshold for employees to successfully claim wage loss, prioritizing re-employment over complex causality debates. Operators should track their internal re-employment records and ensure that staff release-to-work dates are immediately matched with available job openings.
Further reading
For more on managing employment liabilities, see Jobs — General.
Source note: This article includes information reported by The National Law Review - A Free To Use Nationwide Database of Legal Publications.
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