Last Day of Work is Date of Disability for Foundry Worker with Silicosis

MILWAUKEE - The date of disability for a progressive occupational disease is set at the time an employee stops working as a result of his injury, not several years earlier when he undergoes an employer-required medical examination that revealed evidence of the condition, a Wisconsin appeals court has held. Virginia Surety Co., Inc., et al. v. Wisconsin Labor and Industry Review Commission, et al., No. 02-0031 (Wis. App., Dist. 1).

The Oct. 22 decision, issued by the Wisconsin Court of Appeals District 1, upholds a ruling by the state Labor and Industry Review Commission, which had determined that Virginia Surety …