(Download) "Virginia Surety Co." by Supreme Court of Wyoming # Book PDF Kindle ePub Free
eBook details
- Title: Virginia Surety Co.
- Author : Supreme Court of Wyoming
- Release Date : January 22, 2002
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 80 KB
Description
1. Virginia Surety Company, Inc., and its insured, Stainless Foundry & Engineering, Inc., appeal from an order of the trial court affirming a decision by the Labor and Industry Review Commission that determined that Virginia Surety was the workers compensation carrier liable for occupational disability payments to Thomas McGaw for the silicosis-based disability he developed during his employment for Stainless Foundry & Engineering, even though Virginia Suretys policy became effective on July 1, 1997, less than two months before McGaw was forced to stop working because of his disability. The issue presented by this appeal is whether employer-required medical examinations for an occupation-caused condition that ultimately results in the employees disability set the "date of disability" as that term is used in the governing statute, Wis. Stat. § 102.01(2)(g)2, when those examinations cause the employee some "wage loss" but the employee does not otherwise miss work until the disability ripens into a physical incapacity to work. As material here, § 102.01(2)(g) provides that, under the workers compensation law, "`time of injury, `occurrence of injury, or `date of injury means: . . . 2. In the case of disease, the date of disability." The Commission held that McGaws "date of disability" was the date when he could no longer work and not when he underwent employer-required medical examinations. We affirm.
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