WORKERS COMPENSATION ATTORNEY LISA PIEROBON MAYS RECOVERS MONEY FOR PARENTS DUE TO THE DEATH OF THEIR ADULT SON

The New Year started up with a bang for Mays Law Office with a significant settlement for parents, Mr. & Mrs. T, who received a sizable amount due to the death of their 29-year-old son.

Son died in 2022 in a fiery crash while traveling to a worksite.  In Wisconsin, when a death occurs at work, the workers compensation carrier for the employer must pay a death benefit equal to four times the employee’s average annual earning, subject to a maximum amount.  This money is paid to the Dependent(s) of the injured employee who died.  The law is clear, according to Wis. Stat. sec. 102.51(2)(a):

No person shall be considered a dependent unless that person is a spouse, a domestic partner [under Wis. Stat. ch. 77], a divorced spouse who has not remarried, or a lineal descendant, lineal ancestor, brother, sister, or other member of the family, whether by blood or by adoption, of the deceased employee

If Total Dependency cannot be established (often the case seen for parents of adult children), the surviving parent(s), if not estranged from the deceased employee, are automatically entitled to a benefit of at least $6500 Wis. Stat. sec. 102.48(1).  In addition, if the deceased employee contributed at least $500 in support to the parents in the 52 weeks before the death then they also may claim further benefits through either Total or Partial Dependency.

In the matter of Mr. and Mrs. T, their 29-year-old Son passed away at the age of 29 without a wife or child.  At the time of his death, he lived with his parents sleeping in his childhood bedroom to help his parents with the house and Wisconsin family farm.  Son’s help was greatly needed because his father, Mr. T, is an amputee with other ailments and Mrs. T was recovering from cancer.

Son’s contributions to the house and farm were significant.  While he never directly contributed monies to his parents, he contributed by providing machinery, labor, and goods to the house and farm business.  Son was more skilled than most farm laborers, in his ability to weld, farm equipment maintenance, concrete pouring, car maintenance, etc.  His contributions were significant, but never recorded, or itemized with documentation in writing, such as receipts, payments proven by bank account deposits, journaled, or memorialized making their credibility difficult to prove beyond verbal assertions.  However, it was clear that there was some level of dependency Mr. & Mrs. T had on their son in the 52 weeks leading up to his death.

Testimony from several witnesses would have been offered to establish son’s support and efforts in shoveling snow, pressure washing, farm labor, home chores, improvement projects, lawn and field care, and vehicle maintenance.   Son’s contributions to the house and farm were unique and invaluable.  He was literally second hand to Mr. T on the farm, which included skilled tasks, such as concrete pouring, machinery repair, welding, and electrical.  Around the house, he did all the car maintenance, landscaping, Spring and Fall clean-up.  Son also contributed to purchasing tools, equipment, machinery, and a truck to be used on the farm business.  But again, no written documentation could actually prove it, such as in a Leasing Agreement.  The only proof was testimony and receipts of son’s purchases, however the hours that such machinery was used/borrowed by the farm was no more than a best guess estimate so the valuation of such was dubious at best.

Regardless of such proof problems, the workers compensation carrier was still required to pay 4x of the son’s annual earnings, but the money would be held by the Wisconsin Injury Supplemental Benefit Fund (WISBF) until the issue and extent of partial dependency was established.  So, Attorney Lisa Pierobon Mays filed for Hearing naming the State of Wisconsin Department of Justice as Respondent as they were charged with defending the Fund’s disbursement, holding, and use of the money.  WISBF is a fierce zealot in protecting its money, so in response, WISBF/DOJ asserted that the son provided no more than what a grown son would be expected to do for his parents.  An insulting defense and one where Attorney Pierobon Mays retorted back that adult children have their own busy lives to lead with family, job, and social commitments of their own to take care of.  While an adult child generally does help with some basic household chores, Mr. and Mrs. T’s son’s contributions, for the 52 weeks preceding his death, went above and beyond what an adult child would reasonably be expected to do.  This son was an exceptional human being according to all that knew him.

The WISBF also defended that Mr. and Mrs. T’s claim was excessive in the amount they demanded considering no documentation was available to prove all of son’s contributions.  The WISBF claimed that the death benefit money is better disbursed to widows and orphans of deceased workers, rather than Mr. & Mrs. T.  Attorney Lisa Pierobon Mays pointed out that Wis. Stat. sec. 102.48(2) does not give priority, under a partial dependency claim, to unrelated widows and orphan children where partial dependency is alleged.

At Mediation, the WISBF/DOJ relented and conceded that partial dependency of son to Mr. and Mrs. T did exist, and a sizable offer was made to settle the claim shy of a Hearing.

Now, Attorney Pierobon Mays did not stop advocating for Mr. and Mrs. T because she had also filed a Penalty claim against the employer’s workers compensation insurance carrier for failing to properly handle the file right after their son’s death.  Think back to the beginning of this article when you read that if no Total Dependency by wife or child is found, then a portion of the death benefit (4x average annual earnings) goes to the non-estranged parent(s) of the deceased employee.  Non-estranged parents are automatically entitled to a benefit of at least $6500 under Wis. Stat. sec. 102.48(1).  The significant word is “automatically.”

Despite demands by Attorney Lisa Pierobon Mays to the workers compensation carrier to make an automatic payment of $6500 to Mr. and Mrs. T, the carrier and their attorney ignored and refused to do so.  In response, Attorney Lisa Pierobon Mays filed a penalty claim against them forcing their hand to make payment.  However, the damage had been done in not doing so sooner.

At Mediation, this Penalty was also pursued and payment in the amount of $3000 (almost ½ of the =$6500) was offered to resolve the claim shy of a Hearing. Attorney Pierobon Mays and her clients agreed that this was enough of a stinging slap on the wrist so that this type of misconduct would hopefully not happen in the future to other grieving parents.

When you get an OWI in Wisconsin, you have options for resolving your case. First, you can take your case to court. Alternatively, you can seek a plea bargain. While negotiating a plea bargain doesn’t allow you to keep a clean record, it does allow you to avoid the harshest consequences of an OWI conviction.

What is a Plea Bargain?

Before we talk about when you should consider a plea bargain, we first need to discuss exactly what it means to seek a plea bargain in a Wisconsin OWI case. There are three key aspects to plea bargaining in Wisconsin:

• Seeking a Plea Bargain Involves Negotiating with the Prosecutor’s Office – Seeking a plea bargain involves working with the prosecutor’s office. Prosecutors get paid to secure convictions, and they will fight vigorously to hold drunk drivers accountable. But, they also have substantial caseloads, and they have the authority to resolve cases via plea bargain when it makes sense to do so. As a result, plea bargaining will often be in both parties’ best interests, and leveraging this fact can help facilitate favorable plea negotiations.
• Accepting a Plea Bargain Means Pleading Guilty (or “No Contest”) to an Offense – While accepting a plea bargain allows you to avoid the harshest consequences of an OWI conviction, it still means pleading guilty (or “no contest”) to an offense. This means that you will have a conviction on your record—and this alone warrants careful consideration when deciding how to approach your OWI case.
• Accepting a Plea Bargain Means You Won’t Have to Go to Trial – When you accept a plea bargain, you don’t have to go to trial. Before you accept a plea, you will know exactly what penalties you will face, and you can use this information to make an informed decision. In contrast, the outcome of trial is never guaranteed, and an OWI conviction in court can have life-altering consequences.

Understanding how plea bargains work is essential for deciding how to approach your OWI case. If you accept a plea bargain, your options for appealing the outcome of your case will be limited, so it is critical to ensure that you are making informed decisions.

What Types of Plea Bargains Are Available in a Wisconsin OWI Case?

There are three primary types of plea bargains in Wisconsin. When deciding whether it makes sense to seek a plea bargain, you need to determine which type (or types) the prosecutor’s office will likely be willing to consider based on the facts of your case. In a Wisconsin OWI case, a plea bargain can involve:

• Pleading to a Lesser Offense (i.e., a “Wet Reckless”) – Many OWI plea deals involve pleading guilty (or “no contest”) to a lesser offense. In most cases, this involves accepting responsibility for reckless driving, which is commonly referred to as a “wet reckless” in this context.
• Pleading to OWI in Exchange for a Reduced Sentence – Another option is to plead guilty (or “no contest”) to OWI in exchange for a reduced sentence. However, due to the substantial consequences of having an OWI on your record, it will make more sense to plead to a lesser offense (if possible) in most cases.
• Pleading to One Charge in Exchange for Having Another Charge Dropped – If you are facing multiple charges as a result of your OWI arrest, a third option may be to plead to one charge in exchange for having another charge dropped. Just like the other options discussed above, when seeking this type of plea deal, it is critical to ensure that you have a clear understanding of the consequences involved.

While these are the basic structures of plea bargains in Wisconsin, individual plea bargains can be much more complex—and they may involve a combination of the above. If you decide to seek a plea bargain, you will need to work closely with your OWI defense lawyer to ensure that you are seeking a favorable deal in light of the facts at hand.

When Should You Consider a Plea Bargain After an OWI Arrest?

With this information in mind, when should you consider a plea bargain after an OWI arrest in Wisconsin? Deciding whether to seek a plea bargain requires a thorough assessment of all relevant facts and circumstances. As a result, it is critical to work with an experienced OWI defense lawyer who can help you evaluate your options.
When you speak with an experienced OWI defense lawyer about your case, your lawyer will help you consider factors such as:

What is Your Likelihood of Facing a Conviction at Trial?

There are several defenses to OWI charges under Wisconsin law. If you have strong grounds to fight your OWI charge, then accepting a plea deal may not be your best option.

What Can You Reasonably Expect from a Plea Bargain in Your Case?

Before seeking a plea bargain, it is also important to assess what you can reasonably expect from the process. If the facts of your case are such that the prosecutor’s office is unlikely to offer a favorable plea deal, you may be better off taking your case to court.

Request a Free OWI Defense Consultation at Mays Law Office in Middleton, WI

Do you need to know more about plea bargaining in Wisconsin OWI cases? If so, we encourage you to contact us promptly. To request a free consultation with an experienced OWI defense lawyer at Mays Law Office, please call 608-305-4518 or submit your information online today.

Sometimes clients can be their own worst enemies. And when acts of self-sabotage occur, that is when patience, compassion and persistence are at a tremendous premium. In a recent post, Attorney John Orth reported the following:

“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.”

Sounds like a happy ending? Not so fast. Between the writing of the above narrative and the next court date at which this superlative disposition was to be formalized, R.A. absconded from her treatment facility after less than two weeks and resumed intensive drug use. Upon learning this, Attorney Orth immediately contacted R. A. and recommended that she turn herself in prior to the next court date as the best first step to repaving the way to reviving the settlement that he had previously secured. R. A. did not follow Attorney Orth’s recommendation and instead committed seven more felony retail thefts.

As is inevitably the case, R.A. was eventually picked up and placed on a probation hold and revocation proceedings were initiated once again. Attorney Orth was able to again secure an alternative to probation revocation in the form of supervised drug abuse treatment. However, this outcome would be contingent on the prosecuting attorney’s agreement to not pursue imprisonment on any of the pending charges. Given the circumstances and chronic nature of R.A.’s criminal history, this seemed unlikely. Yet that is exactly what happened. While the prosecution had initially revoked its previous agreement upon learning of R.A.’s latest crime spree, Attorney Orth was able to work with the Department of Corrections and the District Attorney’s Office to craft a solution that adequately satisfied both the concern for public welfare and R.A.’s treatment needs. R.A. is presently participating in an intensive treatment program. Upon successful completion of this program all pending charges will be resolved with a non-prison disposition. Although, as we know from experience, things don’t always go as planned.

Now, let’s consider the results achieved for client E.R. Following a highly contentious separation from his wife, E.R. was arrested and charged with felony first degree reckless endangering safety from an incident in which he was alleged to have deliberately cut the gas line at his ex-wife’s home in what the prosecution viewed as an attempt to end the lives of his ex-wife and children. The crime of first degree reckless endangering safety is defined by Wisconsin law as follows:

1. The defendant endangered the safety of another human being.

2. The defendant endangered the safety of another by criminally reckless conduct.

“Criminally reckless conduct” means the conduct created a risk of death or great bodily harm to another person; and the risk of death or great bodily harm was unreasonable and substantial; and the defendant was aware that his or her conduct created the unreasonable and substantial risk of death or great bodily harm.

“Great bodily harm” means injury which creates a substantial risk of death, or which causes serious permanent disfigurement, or which causes a permanent or protracted loss or impairment of the function of any bodily member or organ, or other serious bodily injury.

3. The circumstances of the defendant’s conduct showed utter disregard for human life. In determining whether the circumstances of the conduct showed utter disregard for human life, consider these factors: what the defendant was doing; why the defendant was engaged in that conduct; how dangerous the conduct was; how obvious the danger was; whether the conduct showed any regard for life; and all other facts and circumstances relating to the conduct.

E.R. acknowledged tripping over a gas line while visiting the property but fastidiously denied that he caused any damage intentionally. Certainly a simple accident could not constitute “criminally reckless conduct” as described above. Knowing that an accidental tear could be distinguished from and intentional cutting, Attorney Orth enlisted the assistance of an expert from the National Association of Firearm and Tool Mark Examiners and was ultimately able to convince the prosecuting attorney that no crime at all had been committed resulting in the dismissal of the first degree reckless endangering safety charge.

And then there is client G.T., a U.W. Madison student. G.T. had a not-so-great evening recently. Following a bit more imbibement than good judgment would recommend, G.T. woke up to find that he had been issued a criminal charge of disorderly conduct. It turns out that passing out in a stranger’s front lawn can be viewed as criminally disturbing behavior. Given G.T.’s relative youth and lack of any criminal history, it would seem a shame to have G.T.’s reputation marred by even a criminal charge being filed, much less a conviction being sought. In such situations it is critical to have experienced and aggressive representation that knows when and how to intervene to get the best possible outcome. Where some attorneys might simply wait for the court date assigned to G.T., enter a not guilty plea and then attempt to negotiate a favorable disposition at a later time, Attorney Orth took a more proactive approach. Knowing that police reports and a charging recommendation would be filed with the District Attorney’s Office within the few weeks following the incident, he made contact with the District Attorney’s Office on a daily basis until the case was under review for a charging decision. When that occurred Attorney Orth was able to arrange a meeting with the Assistant District Attorney who was reviewing the case. Following that meeting charges were declined altogether and G.T. was spared with unpleasantness and public humiliation that comes with defending against criminal charges.

When facing a DUI charge in Wisconsin, it is critical to ensure that you are making informed decisions. There is a lot you need to know; and, if you make uninformed decisions, you could find yourself facing unnecessary consequences.

Making informed decisions starts with understanding the questions you need to ask. With this in mind, here are 10 key DUI questions to ask (and answer) when facing a DUI charge in Wisconsin:

Question #1: Which Type of DUI Charge Are You Facing?

There are two types of drunk driving charges in Wisconsin. If you took the breathalyzer during your DUI stop and blew above the legal limit, you are most likely being charged with prohibited alcohol concentration (PAC). If you refused the breathalyzer, couldn’t generate a reading, or blew under the legal limit, you are most likely being charged with operating while intoxicated (OWI).

While PAC and OWI charges are similar in some respects, there are also several key differences. As a result, determining whether you are facing a PAC charge or an OWI charge is one of the first steps toward determining what defenses you have available.

Question #2: Are You Facing Any Other Charges?

Along with determining whether you are facing a PAC charge or an OWI charge, you also need to determine whether you are facing any other charges as a result of your drunk driving arrest. There are several possibilities, including (but not limited to):

• An implied consent violation (chemical test refusal)
• An open container violation
• Reckless driving and/or other traffic violations
• Causing injury while OWI
• Causing great bodily harm while OWI
• Homicide while OWI

Each of these charges carries different penalties, and some of these charges are far more serious than others. But, you need to take all of the charges against you seriously, as any type of conviction can lead to financial costs and other consequences.

Question #3: When Is Your First Court Date?

Another key piece of information you need after a DUI arrest is your first court date. You need to make plans to be there on time, as failing to do so can have consequences regardless of whether you were driving under the influence. If you don’t show up, you can be charged with failure to appear, and this can result in a bench warrant being issued for your arrest.

Question #4: What Penalties Are You Facing?

Understanding the penalties you are facing will also help you make informed decisions about your defense. At a minimum, you are facing several hundred dollars in fines and surcharges plus a six to nine-month driver’s license suspension. But, if you are a repeat offender, or if you are being charged with causing a serious accident while driving under the influence, the penalties you are facing could be far greater.

Question #5: What Additional Consequences Are You Facing?

Along with court-imposed penalties, a PAC or OWI conviction can lead to various other consequences as well. These include everything from increased auto insurance premiums to disciplinary action if you are a licensed professional. Between increased insurance premiums, consequences for your career, and other financial costs, the collateral consequences of a drunk driving conviction can far exceed the costs you face in court.

Question #6: What Defenses Can You Assert in Court?

Given all that you have at stake, you must fight your PAC or OWI charge by all means available. Once you know what charge (or charges) you are facing, then you can determine which defenses you can use to protect yourself. Here, too, there are lots of possibilities—and the key is to ensure that you put together the strongest defense strategy possible in light of all relevant facts and circumstances.

Question #7: Do You Have Other Options for Avoiding a DUI Conviction?

Let’s say you were driving under the influence, and prosecutors have the evidence they need to prove it. In this scenario, fighting your PAC or OWI charge in court might not be your best option. Instead, it might be best to consider another option—such as negotiating a plea bargain. Negotiating a plea bargain typically means facing the reduced consequences of a “wet reckless.” 

Question #8: What Is Your Best Option Based on the Available Evidence?

Examining all of the available evidence will allow you to make an informed decision about how best to approach your case. This is a critical decision that could impact your life for years to come, so you need to ensure that you make it wisely.

Question #9: What Can a DUI Defense Lawyer Do to Help You?

When you are facing a DUI charge in Wisconsin, hiring an experienced defense lawyer is the best way to ensure that you are making informed decisions about your case. There are lots of ways an experienced defense lawyer will be able to help you, and you should schedule a free consultation to learn more as soon as possible.

Question #10: How Much Will You Pay for Your Legal Representation?

When you schedule a free consultation with a DUI defense lawyer, you should be able to find out exactly how much your legal representation is going to cost you. There should be no hidden costs or fees, and you should be able to weigh the costs of your legal representation against the potential costs of trying to handle your Wisconsin drunk driving case on your own. Our DUI lawyers are serving in Dodgeville, Janesville, Lancaster, Monroe, du Chien, Richland Center and many other cities in WI. 

Contact Us for a Free and Confidential Consultation with a Madison DUI Lawyer

If you are facing a drunk driving (PAC or OWI) charge in Wisconsin and would like to know more about your case, we encourage you to get in touch. To schedule a free and confidential consultation with a Madison DUI lawyer at Mays Law Office, please call 608-302-6614 or request an appointment online today.

While DUI charges carry steep penalties in Wisconsin, these aren’t the only potential consequences of a drunk driving arrest. Getting arrested for DUI can impact your life in a variety of other ways as well—especially if you are a licensed professional.

For physicians, pharmacists, registered nurses, attorneys, accountants, and other licensed professionals, DUI arrests can have serious implications for their careers. These arrests (like others) can trigger professional disciplinary action with potential outcomes ranging from reprimands to license revocation. As a result, a comprehensive and informed defense strategy is key, and licensed professionals must ensure that the decisions they make in their DUI cases do not put their licenses in jeopardy.

5 Important Considerations for Licensed Professionals Facing DUI Charges in Wisconsin

Here are five important considerations for licensed professionals facing DUI charges in Wisconsin:

1. You May Have an Obligation to Report Your DUI

Most professional licensing boards require that their members report DUIs promptly. Typically, this means separately reporting both your arrest and your conviction (if you accept a plea bargain or get convicted in court). 

2. DUI Arrests Can Lead to Professional Discipline Even if They Don’t Lead to a Conviction

Along with understanding that you may need to report your DUI, one of the other most important things to understand about your situation is that a DUI arrest can lead to professional discipline even if it doesn’t result in a conviction. Why? Because professional licensing boards apply different standards than Wisconsin’s county courts. In court, prosecutors must prove your guilt “beyond a reasonable doubt.” This means that there must be no question that you are guilty of driving under the influence.

But, professional licensing boards typically use the “preponderance of the evidence” standard. This means the evidence only needs to suggest that it is more likely than not that you violated the governing rules of professional conduct. The rules governing your profession may also impose discipline for conduct short of driving under the influence such as drinking to excess, drinking in public, or using illegal drugs. As a result, any defenses you can assert in your DUI case won’t necessarily protect you in your professional disciplinary proceeding. Protecting your professional license may require a very different approach, and it will be critical to have a clear understanding of what exactly you need to defend against in both proceedings.

3. Failing to Report Your DUI Could Lead to Disciplinary Action

If you don’t report your DUI to your professional licensing board, this could have licensing consequences of its own. Failing to make a required disclosure can be considered a lack of candor under most professional licensing rules, and this itself can be grounds for professional discipline. This is true whether or not you eventually get convicted of driving under the influence. As a result, it is important to satisfy your reporting obligations—and to focus on preparing a sound defense instead of hoping to sidestep disciplinary action.

4. You Must Be Very Careful About How You Approach Your DUI Case

Due to the significant differences between DUI cases and professional disciplinary proceedings, you must be very careful about how you approach your DUI case. While certain statements and actions might be beneficial in your DUI case, these same statements and actions could potentially increase your exposure to professional discipline.

The reverse is also true. If you admit to driving under the influence during your professional disciplinary case, prosecutors may be able to use your admission against you in court. Again, an informed approach is critical, and you will need to work closely with your defense attorney to ensure that you do not say or do anything that could increase your risk of facing criminal penalties or losing your professional license.

5. Even if You Don’t Lose Your Professional License, a DUI Conviction Can Still Have Negative Career Consequences

Getting arrested for DUI (and even getting convicted of DUI) doesn’t necessarily mean that you will lose your professional license—though this may be a very real possibility. But, even if you don’t lose your license, a DUI conviction could still have significant and long-term negative consequences for your career.

A DUI conviction will go on your permanent record—and it will stay there. In Wisconsin, DUI convictions are not eligible for expungement. As a result, if you get convicted, your conviction will stay with you for the rest of your life. It will show up on background checks when you apply for new positions or seek funding to start your practice; and, as a result, you may lose access to certain opportunities. If your current employer decides that your DUI reflects negatively on your abilities or the organization’s reputation, you could lose your current job as well.

How Should You Approach Your DUI as a Licensed Professional in Wisconsin?

With all of this in mind, how should you approach your DUI? To ensure that you are doing everything you can to protect yourself, you should discuss your situation with an experienced defense attorney as soon as possible. An experienced defense attorney will be able to explain the criminal and professional licensing implications of your arrest and will be able to help you make informed decisions while building your defense strategy.

When facing a DUI as a licensed professional, time is of the essence. Unnecessary delays (and other mistakes) can lead to unnecessary consequences. To discuss your situation with an experienced defense attorney in confidence, contact us today.

Schedule a Free DUI Defense Consultation at Mays Law Office in Madison, WI

If you are a licensed professional in Wisconsin and are currently facing a DUI charge, we encourage you to contact us promptly for more information. To schedule a free DUI defense consultation at Mays Law Office, please call 608-302-6614 or request an appointment online today.