Attorney Lisa Pierobon Mays Recovers Workers Compensation Benefits for Injured Wisconsin Worker in One Week

Attorney Lisa Pierobon Mays Recovers Workers Compensation Benefits for Injured Wisconsin Worker in One Week

Denied benefits after suffering a work injury?  If so, never assume that a denial of Wisconsin workers compensation benefits is appropriate.  Here is an example of an injured Wisconsin worker who had his workers compensation benefits wrongfully denied.  After hiring Attorney Lisa Pierobon Mays of Mays Law Office, she got him his benefits within just one week. 

J. L. hired Attorney Lisa Pierobon Mays of Mays Law Office on July 18, 2023 after his workers compensation claim for lost time benefits was denied by the workers compensation insurance carrier who claimed that accommodating work would have been available for Mr. Langsted had he not voluntarily terminated his position after being injured at his employer’s place of business.

As background, in Wisconsin, an injured worker is entitled to temporary total disability, or lost time benefits, for actual wages lost while healing due to a work injury.  The healing period is when the injured worker is undergoing medical treatment, therapy, and rest yet still suffering from the injury.  In J.L.’s case, he was restricted from any and all level of work, and therefore suffering complete wage loss. In this case, Wisconsin law requires that he receive 2/3 of his average weekly wage tax free.  Such lost time benefits continue until the treating medical doctor believes that he has reached a healing plateau, or maximum medical improvement.       

Before hiring Mays Law Office, J. L. made multiple attempts on his own to get the Insurance Adjusters to respond to his communications of complete wage loss, but he could not get them to return his messages and inquiries.

Immediately after being hired by J.L. on July 18, 2023, Attorney Lisa Pierobon Mays sent an email to the involved Adjuster and her Supervisor providing the history of documented physical restrictions and informing them of the above Wisconsin law on lost time benefits when injured on the job.  Mays Law Office received no response so Attorney Pierobon Mays left detailed voice messages with both Adjusters on Friday July 21 and 25, 2023 verbally warning that a penalty claim for Bad Faith would be filed with the Wisconsin Office of Workers Compensation Hearings, on behalf of J.L, by Mays Law Office if the Wisconsin law was not followed.  In the process, Mays Law Office also procured a supportive report from J.L.’s medical doctor clarifying, in writing, the doctor’s opinion on cause and physical restrictions. 

For background, a penalty claim for Bad Faith in Wisconsin can trigger an additional award of either 200% of the total benefit amount due the injured worker or $30,000 if the insurance company’s failure to pay benefits is due to malice, reckless disregard, or bad faith.  Wisconsin case law has defined reckless disregard as an “absence of honest, intelligent action or consideration based upon the knowledge of the facts and circumstances.”  So, a workers compensation adjuster who knowingly does not follow Wisconsin’s law after being instructed on it, as done by Attorney Lisa Pierobon Mays in this case, walks a fine line that crosses over into bad faith for intentional bad behavior if they stubbornly choose to continue to not pay an injured worker his entitled workers compensation benefits.

Within one week, on July 25, 2023, after considering Attorney Lisa Pierobon’s Mays communications and intended involvement, the Adjuster was forced to accept J.L.’s claim for lost time benefits going back to July 20, 2023 and into the future.

If it had not been for Attorney Lisa Pierobon Mays with her 27 years of experience in knowing the intricacies of Wisconsin workers compensation law and acting quickly and aggressively, J. L. would still be without his lost time benefits.  The Adjusters continued to assert their denial of benefits based on an alleged claim that J.L. voluntarily terminated his job with the employer claiming that such employer would have had accommodating work available for him had he not quit and therefore he waived any lost-time benefits.  However, Attorney Lisa Pierobon Mays informed the Adjusters that such an argument was irrelevant because the restrictions of No Work for J.L. by his medical doctor immediately triggered the payment of lost time benefits regardless of whether J.L. quit or did not quit.  In essence, the Adjusters needed to be educated on the Wisconsin law and instructed on what the repercussions would be if they did not follow it.

Attorney Lisa Pierobon Mays takes great pride in regularly catching workers compensation insurance carriers in their wrong doings.  Some Wisconsin worker’s compensation attorneys will not take on claims unless there is serious permanent disability suffered by the injured worker and then they wait to pursue the injured workers claim for months only to settle it before a hearing.  If Attorney Pierobon Mays spots a missed benefit that an injured worker is entitled to, such as medical treatment and mileage reimbursement, she will instruct the worker how to pursue it with the adjuster.  If complicated, like in J.L.’s case, she will take on the fight and go after the worker’s compensation insurance carrier immediately.  Attorney Lisa Pierobon Mays has built a strong reputation on being aggressive and swift in such claims.  Fellow attorneys, insurance adjusters and carriers know her reputation for being a strong advocate for her client’s and her client’s have spoken out too.  Check out the Google reviews for Attorney Lisa Pierobon Mays and Mays Law Office.  They have achieved a 5 Star rating from Google based on positive comments and reviews from their past client’s.

Do not hesitate to call Mays Law Office and request a free consultation with Attorney Lisa Pierobon Mays.  She is always happy to speak with injured Wisconsin workers who have questions about their work injury and benefits.  She will patiently review the facts and circumstances of your injury, medical treatment, and explain all workers compensation benefits available to you under Wisconsin law.  Lisa will give her thoughts and suggestions and take notes to save in the event future discussions are necessary.  When applicable, Attorney Lisa Pierobon Mays will schedule an in-office meeting with you if formal legal representation is warranted.

Attorney John Orth of Mays Law Office Succeeds in 2023

Attorney John Orth of Mays Law Office Succeeds in 2023

As much as the attorneys at Mays Law Office relish achieving a win in a good old-fashioned dogfight in the courtroom, it is often determined and calculated advocacy outside the courtroom that is the best and sometimes only path to success.  Some of Attorney John Orth’s recent accomplishments illustrate this truth. 

While on probation for 10 counts of theft and robbery, R.A. was arrested for 14 additional counts of criminal charges, primarily theft and drug possession.  She was confined to jail on a probation hold and proceedings to revoke her probation were initiated.  Both episodes were clearly motivated by R.A.’s addiction.  Despite the severity of both the original and new charges, Attorney Orth was able to persuade both her probation agent and the prosecuting attorney that the inadequacy of her previous treatment plan was the root cause of reoffending.  After helping her to secure placement at a long-term treatment facility, Attorney Orth was able to avoid the revocation of her probation and secure a disposition on the new charges that avoided any further reincarceration. 

F.J. was charged with felony stalking based on repeated threats of physical harm to a roommate.  While in jail, F.J.’s former guardian contacted Attorney Orth to defend F.J.  Upon digging into the circumstances surrounding his case and meeting with him, it became evident that F.J., a young man with no prior criminal record who had endured a tremendously tragic childhood, was in the midst of a mental health crisis.  Attorney Orth’s first priority was to ensure that F.J.’s mental health needs were met.  Once F.J. was stabilized, Attorney Orth was able to quickly convince the prosecuting attorney that F.J. had no criminal intentions and that he simply needed help.  Within two weeks of F.J. being charged, Attorney Orth was able get the charge reduced from a felony to a misdemeanor and secure a disposition that would result in F.J.’s record being expunged upon completion of two years of probation.

R.E. was out for dinner with a relative and unbeknownst to him, law enforcement was in the process of searching his car in the restaurant parking lot under dubious pretenses.  The search resulted in the confiscation of a firearm (lawfully owned by R.E.) and a substantial quantity of suspected marijuana.  He was arrested and charged with possession of THC with intent to deliver, a Class I Felony.  Between the questionable grounds for searching the vehicle in the first place and strong evidence that R.E. had no connection to or even knowledge of the contraband seized from his vehicle, Attorney Orth had no doubt that he would be able to secure dismissal of the charge, whether through pre-trial litigation, or if need be, through a not guilty verdict at trial.  However, for an upstanding young man like R.E., justice delayed would be justice denied and Attorney Orth was determined that R.E. not be subjected to legal meat grinder that the criminal justice system can often be.  By opening the channels of communication with the District Attorney’s Office before R.E. had even had a bail hearing and vigorously advocating on behalf of R.E., Attorney Orth was able to get the case against R.E. dismissed outright within a mere seven days of it being filed.

S.R. was charged with criminal disorderly conduct, unlawful use of a telephone and harassment stemming from a bitter dispute with the staff of a healthcare facility in which his wife was a patient.  While the healthcare facility staff was adamant that S.R. be prosecuted for his actions, Attorney Orth was able to successfully portray the altercations as uncharacteristic outbursts caused by the unique circumstances of dealing with the stresses of his wife’s illness and all charges against S.R. were dismissed outright.

D.B. was charged with two criminal counts of disorderly conduct as acts of domestic abuse after his wife contacted police and alleged that he had engaged in threatening and abusive conduct towards her and the elder of their two sons.  Being domestic abuse-related offenses, a conviction on either count would result in a lifetime ban on the possession of firearm.  In addition to being an avid hunter, D.B. was greatly concerned about how a conviction could impact his prospects of child custody and placement in a parallel family law case.  Beyond the criminal charges, D.B.s wife filed a petition for a domestic abuse injunction to prohibit her from having further contact with her and barring him from returning to his home.  While previous counsel was unable to prevent the injunction from being granted, Attorney Orth was able to turn the testimony of D.B.’s wife at the injunction hearing against her.  Pointing to inconsistencies between her statements to police, her testimony at the hearing, and her statements in her injunction petition, coupled with statements from other family members gathered by a privately retained independent investigator, Attorney Orth was able to convince the prosecuting attorney that the State would be unable to secure a criminal conviction.  The charges were reduced to a single non-criminal, non-domestic civil ticket for a nominal monetary forfeiture.

Client N.B. turned to our office with serious drug charges including maintaining a drug trafficking place and possession of cocaine.  Her arrest was the culmination of an investigation including dozens of controlled drug purchases at her place of business by confidential informants working under the supervision of the U.S. Drug Enforcement Agency and local law enforcement.  Moreover, cocaine was found on her person when she was booked into jail.  While N.B. was lawfully residing in the U.S., she was not a citizen and potentially subject to deportation.  And any federally recognized drug conviction is grounds for deportation.  Given the extent of incriminating evidence, the prospect of running the table with not guilty verdicts at trial would be unlikely at best.  However, working with investigators Attorney Orth was able to substantiate that N.B. was in fact trapped against her will in a toxic relationship with a manipulative and violent drug dealer who was forcing her to allow him to use her place of business as a front for his criminal activity.  Attorney Orth was then able to persuade the prosecuting attorney to drop all criminal charges against N.B. and instead simply issue her a non-criminal ticket, little more than a warning, thus avoiding any criminal record or danger of deportation.

What is Wisconsin’s Implied Consent Law?

What is Wisconsin’s Implied Consent Law?

All drivers in Wisconsin are subject to the state’s “implied consent” law. This law comes into play when the police pull you over on suspicion of driving under the influence (DUI); and if you violate the state’s implied consent law during your traffic stop, this can have serious consequences.

Not only can it have serious consequences in your DUI case, but you can also face charges under Wisconsin’s implied consent law. While Wisconsin’s DUI laws and the implied consent law go hand-in-hand, an implied consent violation is its own stand-alone offense. This means that even if you aren’t guilty of DUI, you can still be found guilty of an implied consent violation. As we discuss below, implied consent violations carry significant penalties—and, again, these penalties apply regardless of whether you are guilty of DUI.

What is Wisconsin’s Implied Consent Law

Wisconsin’s Implied Consent Law: An Overview

The first step toward understanding Wisconsin’s implied consent law is understanding what is meant by “implied consent.” Section 343.305(2) of the Wisconsin Statutes defines this term as follows:

“Any person who . . . operates a motor vehicle upon the public highways of this state. . . is deemed to have given consent to one or more tests of his or her breath, blood or urine, for the purpose of determining the presence or quantity in his or her blood or breath, of alcohol, controlled substances, . . . or other drugs . . . when requested to do so by a law enforcement officer [] or when required to do so under [Wisconsin’s DUI laws].”

In short, the act of driving on Wisconsin’s public roads acts as your voluntary consent (or implied consent) to a breath, blood, or urine test when the police pull you over on suspicion of DUI. If you refuse to take a breath, blood, or urine test when requested to do so, this can be prosecuted as an implied consent violation. However, there are conditions on your obligation to submit to testing (most often a breath test conducted using a breathalyzer device); and, if the police officer who pulls you over does not satisfy all of these conditions, then you may be within your right to refuse to provide a sample.

For example, Section 343.305(4) of the Wisconsin Statute states that the officer must provide the following information when requesting a breath, blood, or urine test:

  • “You have either been arrested for an offense that involves driving or operating a motor vehicle while under the influence of alcohol or drugs, or both, or you are the operator of a vehicle that was involved in an accident that caused the death of, great bodily harm to, or substantial bodily harm to a person, or you are suspected of driving or being on duty time with respect to a commercial motor vehicle after consuming an intoxicating beverage.
  • “This law enforcement agency now wants to test one or more samples of your breath, blood or urine to determine the concentration of alcohol or drugs in your system. If any test shows more alcohol in your system than the law permits while driving, your operating privilege will be suspended. If you refuse to take any test that this agency requests, your operating privilege will be revoked and you will be subject to other penalties. The test results or the fact that you refused testing can be used against you in court.
  • “If you take all the requested tests, you may choose to take further tests. You may take the alternative test that this law enforcement agency provides free of charge. You also may have a test conducted by a qualified person of your choice at your expense. You, however, will have to make your own arrangements for that test.
  • “If you have a commercial driver’s license or were operating a commercial motor vehicle, other consequences may result from positive test results or from refusing testing, such as being placed out of service or disqualified.”

Wisconsin’s implied consent law includes specific testing requirements as well. These requirements range from specific procedures for breath tests and blood draws to certification requirements for individuals who conduct breath, blood, and urine analyses. Failure to comply with the applicable requirements can render the test results invalid or unreliable—and raising questions about the validity or reliability of a breath, blood, or urine test can be a key defense strategy in many DUI cases.

Consequences of Violating Wisconsin’s Implied Consent Law

As mentioned above, if you violate Wisconsin’s implied consent law by refusing to submit to testing (when the police have met all applicable requirements), you can face significant penalties regardless of whether you are ultimately found guilty of DUI. In Wisconsin, the penalties for implied consent violations can include:

  • Driver’s license suspension (12 months)
  • Mandatory installation of an ignition interlock device (IID)
  • Alcohol assessment and treatment

If sentenced to an IID or alcohol assessment and treatment, you will be required to comply at your expense; and, if you lose your driver’s license, you will have to pay to get your license reinstated when the suspension ends.

Even more importantly, if you unlawfully refuse a breath, blood, or urine test, prosecutors can use your refusal against you in your DUI case. Essentially, they can say that the fact that you refused testing shows that you knew you were too drunk to drive. Of course, this isn’t necessarily the case, and most Wisconsin residents aren’t familiar with the implied consent law’s requirements. This is a fact (among many others) that an experienced defense lawyer may be able to use in your favor. With substantial fines, surcharges, and possibly even jail time on the table, you will need to work with an experienced defense lawyer to fight your DUI (and your implied consent violation) by all means available.

Discuss Your Case with an Experienced DUI Defense Lawyer in Madison, WI

If you are facing the consequences of refusing a breath, blood, or urine test during a DUI stop in Wisconsin, we encourage you to contact us promptly for more information. Call 608-257-0440 or request a free consultation online to speak with an experienced DUI defense lawyer in Madison, WI as soon as possible.