Legal Opinion
Ehr v. W. Bend Mut. Ins. Co. (In re Estate of Rivera)
Court of Appeals of Wisconsin
Decided January 9, 2018No. Appeal No. 2017AP142PublishedCited by 1 opinion
1Opinion of the CourtStark, P.J.
*142¶1 This appeal requires us to address *143the following issue: can an employee of a temporary help agency who has been injured in the course of his or her employment and who has not made a worker's compensation claim bring a tort claim against his or her temporary employer? Based on the plain language of the relevant statutes, we conclude the answer to this question is yes.
¶2 As explained below, the exclusive remedy provision of the Worker's Compensation Act ("the Act"), WIS. STAT. § 102.03(2) (2015-16),1 does not bar a temporary employee from bringing tort claims against his or her temporary…
2Cases cited13 opinions
- State Ex Rel. Kalal v. Circuit Court for Dane CountyWisconsin Supreme Court · 2004
- Bruno v. Milwaukee CountyWisconsin Supreme Court · 2003
- State v. MartinWisconsin Supreme Court · 1991
- Donaldson v. StateWisconsin Supreme Court · 1980
- Heritage Farms, Inc. v. Markel Insurance CompanyWisconsin Supreme Court · 2009
8 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Francis G. Graef v. Continental Indemnity CompanyWisconsin Supreme Court · 2021