Spitzack v. Berg Corp.

KONENKAMP, Justice.

Gerald Spitzack sought odd-lot category permanent total disability benefits. The Department of Labor, Division of Labor and Management (Department) denied his request. On appeal, the circuit court reversed the Department. Employer and its worker’s compensation insurer, Wausau Insurance, appeal the following issues:

I. Did the circuit court err in concluding that the Department’s denial of permanent total disability benefits was clearly erroneous?

II. Did the circuit court err by requiring Employer to carry the burden of proof *74that retraining or rehabilitation was feasible?

We…