Attorney Sausser Presented at Government and Public Service Day

Attorney Sausser Presented at Government and Public Service Day

by | Apr 2, 2025 | 2025, News

Attorney Jason Sausser

Attorney Jason Sausser recently had the honor of speaking to the Leadership Portage County (LPC) cohort, sharing the rich legacy and values of Anderson O’Brien. Our firm was a co-sponsor for the Government and Public Service Day. The LPC program fosters leadership development through meaningful networking, community engagement, and service. We are proud to have had several of our attorneys complete this impactful program over the years.

 

Permanent Partial Disability and How it Could Affect You.

Permanent Partial Disability and How it Could Affect You.

by | Mar 17, 2025 | 2025, Article, Worker's Compensation

When thinking about workers’ compensation injuries, workers understandably focus on the immediate necessities of (1) getting medical expenses paid and (2) wage replacement for missed work. Medical expenses and wage replacement, also known as, temporary total disability (TTD) or temporary partial disability (TPD) make up two out of the three main workers’ compensation benefits. However, workers need to make sure they are taking advantage of the third main benefit afforded under Wisconsin Workers’ Compensation law: permanent partial disability (PPD).

Because workers’ compensation is a no-fault system, there is no payment for pain and suffering, as there is in normal fault-based claims like auto accidents or slips and falls. That said, Wisconsin’s Workers’ Compensation law does allow for payment for permanent functional loss or impairment caused by a work injury. When an injured worker’s doctor decides that the worker has reached an “end of healing” or “healing plateau,” the doctor may assign a percentage of permanent disability to the affected body part. This rating takes into account the permanent losses the employee will have such as, range of motion, loss of endurance, weakness, pain, and other elements.

This percent of functional disability is determined by the worker’s treating physician. Wisconsin PPD ratings are not required to follow the American Medical Association (AMA) Disability Guidelines. The ratings are left up to the discretion of the treating physician with some guidance from the AMA. Also, there are certain scheduled injuries and surgeries that will qualify a worker for a minimum percentage, e.g. total knee or total shoulder replacement would equal 50% minimum.
In terms of calculating the PPD benefit, the PPD percentage assigned is multiplied by the number of weeks the total body part is “worth” if the body part was completely lost. For example, a shoulder is “worth” 500 weeks, this means if a worker’s entire shoulder was amputated, he or she would be entitled to 500 weeks of PPD. If a doctor assigns the worker, for example, 12% PPD to the injured shoulder, that worker is entitled to 60 weeks of PPD payments (.12 x 500). For injuries occurring after January 1, 2025, the PPD weekly rate is $446. To illustrate, the 12% PPD for a shoulder injury, occurring after January 1, 2025 is worth $26,760 (.12 x 500 x $446).

While PPD benefits are not huge sums of money, especially compared to personal injury awards, these are claims that injured workers need to make sure they are asking their treating physicians about once an end of healing is reached. Even a few percentage points of permanency can provide the injured worker needed compensation during a very stressful period.

If you have been injured at work and have questions, or your work compensation claim has been denied by the insurance company, please reach out to our experienced Workers’ Compensation Attorneys for assistance.

Divestments and How They Affect Medicaid Qualifications

Divestments and How They Affect Medicaid Qualifications

by | Mar 10, 2025 | 2025, Elder Law, Estate Planning

When applying for Medicaid in Wisconsin, particularly for long-term care services, one key concept to understand is divestment. Divestment refers to the transfer of assets for less than fair market value, such as gifting money or property to others, including family members, within a specific timeframe before applying for Medicaid. These transactions are closely scrutinized because Medicaid is a need-based program, and such transfers could be seen as an attempt to meet the program’s strict financial eligibility requirements.

In Wisconsin, the “look-back period” for Medicaid applications is 60 months (five years). During this time, all asset transfers are reviewed. If the state determines that divestment occurred, the applicant may face a penalty period during which they are ineligible for Medicaid coverage. This penalty period is calculated based on the value of the transferred assets and the average cost of nursing home care in the state.
Importantly, Wisconsin Medicaid does not allow general exceptions for gifting assets, even to children or other family members. Common misunderstandings arise from the belief that small or “reasonable” gifts, such as financial help to children or contributions for weddings or holidays, are permissible without penalty. However, under Medicaid rules, any transfer for less than fair market value can trigger penalties, regardless of intent or recipient unless it meets one of the very narrow and specific exceptions under the Medicaid rules.

The exceptions include the following:
• Transfers between spouses
• Transfers to a blind or disabled child
• Transfers to a trust for a disabled individual who is under age 65
• Transfer of the primary residence to a spouse, a child under 21, a child of any age who lives in the home and has provided care for at least 24 months prior to a nursing home admission or to a sibling who has an equity interest and has lived in the home for a least one year prior to nursing home admission.
• Transfer of an asset for full fair market value
• Transfers made with no intent to qualify for Medicaid

To avoid costly penalties, individuals should plan carefully and consult with an elder law attorney or Medicaid attorney. Proper planning can help protect assets while ensuring compliance with Wisconsin’s Medicaid rules. Understanding and adhering to these regulations is essential to ensure a smooth application process and avoid delays or denials of much-needed benefits.

If you have questions regarding divestments or Medicaid qualifications please make an appointment with one of our skilled elder law attorneys.

What Landlords Should Know About the Wisconsin Consumer Act

What Landlords Should Know About the Wisconsin Consumer Act

by | Jan 6, 2025 | 2025, Article, Real Estate

Residential landlords in Wisconsin now face liability under the Wisconsin Consumer Act (WCA) following the Wisconsin Court of Appeals’ decision in Koble Invs. v. Marquardt, 412 Wis. 2d 1, 7 N.W.3d 915 (Ct. App. 2024).

The WCA aims to:

  • simplify, clarify and modernize the law governing consumer transactions
  • protect customers against unfair, deceptive, false, misleading and unconscionable practices by merchants.

In the Koble case, the Court found that the landlord violated the WCA by serving a five day eviction notice during the COVID-19 moratorium. Specifically, the landlord attempted to “enforce a right with knowledge or reason to know that the right does not exist” in violation of Wis. Stat. § 427.104. Penalties for WCA violations can be severe, including the payment of attorney’s fees.

Additionally, the Koble Investments decision found the landlord violated Wis. Stat. § 704.44, which voids rental agreements that contain certain lease provisions.

Including any of the following provisions in a residential lease will make the lease void and unenforceable:

(1) Allows a landlord to do any of the following because a tenant has contacted an entity for law enforcement services, health services, or safety services:

(a) Increase rent.

(b) Decrease services.

(c) Bring an action for possession of the premises.

(d) Refuse to renew a rental agreement.

(2) Authorizes the eviction or exclusion of a tenant from the premises, other than by judicial eviction procedures as provided under chapter 799.

(3) Provides for an acceleration of rent payments in the event of tenant default or breach of obligations under the rental agreement, or otherwise waives the landlord’s obligation to mitigate damages as provided in Wis. Stat. §. 704.29.

(4) Requires payment by the tenant of attorney fees or costs incurred by the landlord in any legal action or dispute arising under the rental agreement. This subsection does not prevent a landlord or tenant from recovering costs or attorney fees under a court order under chapter 799 or 814.

(5) Authorizes the landlord or an agent of the landlord to confess judgment against the tenant in any action arising under the rental agreement.

(6) States that the landlord is not liable for property damage or personal injury caused by negligent acts or omissions of the landlord. This subsection does not affect ordinary maintenance obligations of a tenant under Wis. Stat. §. 704.07 or assumed by a tenant under a rental agreement or other written agreement between the landlord and the tenant.

(7) Imposes liability on a tenant for any of the following:

(a) Personal injury arising from causes clearly beyond the tenant’s control.

(b) Property damage caused by natural disasters or by persons other than the tenant or the tenant’s guests or invitees. This paragraph does not affect ordinary maintenance obligations of a tenant or assumed by a tenant under a rental agreement or other written agreement between the landlord and the tenant.

(8) Waives any statutory or other legal obligation on the part of the landlord to deliver the premises in a fit or habitable condition or to maintain the premises during the tenant’s tenancy.

(9) Allows the landlord to terminate the tenancy of a tenant based solely on the commission of a crime in or on the rental property if the tenant, or someone who lawfully resides with the tenant, is the victim, as defined in Wis. Stat. §. 950.02 (4), of that crime.

(10) Allows the landlord to terminate the tenancy of a tenant for a crime committed in relation to the rental property and the rental agreement does not include the notice required under Wis. Stat. §. 704.14.

The landlord in the Koble case violated § 704.44(10) because the rental agreement allowed the landlord to terminate the lease for a crime committed in relation to the rental property without providing the proper notice.

NOTICE OF DOMESTIC ABUSE PROTECTIONS

(1) As provided in section 106.50 (5m) (dm) of the Wisconsin statutes, a tenant has a defense to an eviction action if the tenant can prove that the landlord knew, or should have known, the tenant is a victim of domestic abuse, sexual assault, or stalking and that the eviction action is based on conduct related to domestic abuse, sexual assault, or stalking committed by either of the following:

(a) A person who was not the tenant’s invited guest.

(b) A person who was the tenant’s invited guest, but the tenant has done either of the following:

  1. Sought an injunction barring the person from the premises.
  2. Provided a written statement to the landlord stating that the person will no longer be an invited guest of the tenant and the tenant has not subsequently invited the person to be the tenant’s guest.

(2) A tenant who is a victim of domestic abuse, sexual assault, or stalking may have the right to terminate the rental agreement in certain limited situations, as provided in section 704.16 of the Wisconsin statutes. If the tenant has safety concerns, the tenant should contact a local victim service provider or law enforcement agency.

(3) A tenant is advised that this notice is only a summary of the tenant’s rights and the specific language of the statutes governs in all instances.

The Court ordered Koble Investments to repay the tenant for all payments that were made under the unenforceable lease as a result of Koble’s violation.

KEY TAKEAWAYS

  • Landlords must not attempt to enforce a right against tenant when they know or should know the right does not exist.
  • Residential leases must comply with Wis. Stat. § 704.44.

Landlords should regularly review their residential leases to ensure compliance with Wisconsin statutes. If you are a landlord and you have any questions, the team of knowledgeable attorneys at Anderson O’Brien, LLP would be happy to assist you in ensuring your leases comply with Wisconsin law.