Legal Opinion

Opinion No. Oag 1-91, (1991)

Wisconsin Attorney General Reports

Decided March 25, 1991Published

1Opinion of the Court

GERALD WHITBURN, Secretary Department of Health and Social Services

Your predecessor asked my opinion whether certain volunteer physicians are covered as state agents by section 895.46(1)(a), Stats., so as to be entitled to indemnification in case of liability. That statute covers state employes for liability arising from acts "within the scope of employment" and covers agents for acts "within the scope of their agency."

In my opinion the volunteer physicians are not covered as agents by this statute.

The backdrop is that the Department of Health and Social Services (Department) has the…

2Cases cited11 opinions

  1. Arsand v. City of FranklinWisconsin Supreme Court · 1978
  2. American Motors Corp. v. Department of Industry, Labor & Human RelationsWisconsin Supreme Court · 1981
  3. Cameron v. City of MilwaukeeWisconsin Supreme Court · 1981
  4. Kablitz v. HoeftWisconsin Supreme Court · 1964
  5. Wilmot v. Racine CountyWisconsin Supreme Court · 1987

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