General Casualty Co. v. Labor & Industry Review Commission

I agree with the result, but I note that Sharon Plumbing's liability and that of its insurer turn on a fortuitous circumstance: that Schrock saw a doctor during working hours on a workday rather than after hours or on a weekend. This follows from the cases relied upon by LIRC: Wagner v. Industrial Comm'n., 273 Wis. 553, 79 N.W.2d 264 (1956), modified, 273 Wis. 567a, 80 N.W.2d 456 (1957) and Royal-Globe Ins. Co. v. DILHR, 82 Wis. 2d 90, 93, 260 N.W.2d 670, 672 (1978) (per curiam). The Royal-Globe court said:

While sec. 102.01(2) provided that in case of occupational disease the date of injury…