State Ex Rel. Briggs & Stratton Corp. v. Noll
State Ex Rel. Briggs & Stratton Corp. v. Noll
Opinion of the Court
This is an original action before this court. In dispute are the date at which certain statutorily authorized worker’s compensation benefit increases take effect and the constitutional authority of the legislature in choosing that date. The facts in this case are not in dispute, the parties having filed a stipulation of facts with this court.
This court has jurisdiction over original actions by virtue of Art. VII, sec. 2 of the Wisconsin Constitution which states: “The supreme court has appellate jurisdiction over all courts and may hear original actions and proceedings. The supreme court may issue all writs necessary in aid of its jurisdiction.”
On December 5, 1979, Senate Bill 472 was introduced into the Wisconsin Legislature. Sec. 4 of this bill amended sec. 102.03 (4), Stats., as follows:
*652 “The right to compensation and the amount thereof of the compensation shall in all cases be determined in accordance with the provisions of law in effect as of the date of the injury except as to employes whose rate of compensation is changed as provided in ss. 102.43(7) and (8) and 102.44(1) and (2) (5).”1
Sec. 6 of the bill amended sec. 102.11(1), Stats., so as to increase the maximum worker’s compensation benefits “for injury on or after January 1, 1980.” Sec. 6 reads:
“The average weekly earnings for temporary disability, permanent total disability or death benefits for injury on or after January 1, -197-&1980, shall be taken at not less than $30 nor more than such wage rate as will result in a maximum compensation rate of 100% of the state’s average weekly earnings as determined under s. 108.05 as of June 30, 1$¥1-1979. The maximum weekly compensation rate after December 31, 1978 1980, is 100% of the average weekly earnings determined as of June 30, 1-978-1980. The average weekly earnings for permanent partial disability for injuries after January 1, 4978-1980, shall be taken at not less than $30 nor more than $07-.-5O- $105, resulting in a weekly maximum compensation rate of-$66:#?'d- Between such limits the average weekly earnings shall be determined as follows.
Sec. 30 of the same bill provided for an effective date of the amended act as follows:
“Effective date. This act shall take effect on January 1, 1980, or the day after publication, whichever is later.”
The bill in this form was delayed and therefore did not pass the legislature before the end of 1979. In 1980 the legislature’s consideration of the bill continued. Various
“Applicability. This act applies to any injuries incurred, claims made or awards made after January 1, 1980.”
In this form the bill became law and was published as Chapter 278, Laws of 1979, on May 12,1980.
On April 10, 1980, John R. Byrnes of the Department of Industry, Labor and Human Relations, sent a letter to all “Insurers and Self-Insurers” affected by the act. In this letter he told of the increases in maximum benefits authorized by the bill and informed recipients that “the benefit increases contained in the bill are retroactive to January 1, 1980.” He wrote that “The retroactive feature of these increases requires you to recalculate benefit payments to individuals injured on or after January 1,1980 . . . .”
If Mr. Byrnes’ directive is enforced, approximately 10,000 claims based on injuries occurring between January 1 and May 12, 1980, inclusive, would be affected. Petitioners are among those employers who would bear the burden of recalculating and paying the retroactively increased compensation on some of those claims. They brought this suit, arguing that the increase in compensation is not retroactive to January 1 but actually applies only to claims based on injuries occurring on or after May 13. They argue in the alternative that if the increase in benefits does by its terms apply to claims based on injuries occurring between January 1 and May 12, it is unconstitutional as a retroactive law. We find that the petitioners’ second argument has merit.
Two issues are raised by this case: (1) Do the statutory amendments in question require increased compensation benefits for claims based on injuries which occurred on or after January 1, 1980, and before May 13,
It is undisputable that if the bill authorizing- the increases in question had become law before the end of 1979, the increases would apply to all claims arising out of injuries occurring on or after January 1, 1980, and this case would never have arisen. Secs. 4, 6 and 30 of the bill are in harmony on this point. Sec. 4 states that compensation shall be determined “in accordance with the provisions of law in effect as of the date of the injury. . . .”
Benefit increase bills passed since 1972 have always been passed before the start of the new year and have authorized increases starting on January 1 of the following year. The bill at issue in this case appears to have been planned in the same pattern as its predecessors. Unlike the other benefit increase bills, however, this one was delayed and when the new year began, it still had not been enacted. On February 12, 1980, sec. 29m was added to the bill. This section provides that the act “applies to any injuries incurred, claims made or awards made after January 1, 1980.” It is clear that this section was intended by the legislature as a cure for its inability to pass the bill before the end of 1979. Without the addition of sec. 29m, secs. 4 and 30 would have limited the benefit increases to claims based on injuries occurring
“It is a cardinal rule of construction that a statute must be construed if possible so that every portion of it is given effect. Wilmot Union High School Dist. v. Rothwell (1965), 27 Wis.2d 228, 235, 133 N.W.2d 782. A statute should be so construed that no part of it is rendered superfluous by the construction given.”
In view of the previous pattern of the legislative enactments, the late date at which this section was added, and the clear language of the section itself, we must conclude that the legislature intended the increases to be retroactive to January 1, even though the hill did not become effective until May 13.
It is true that the general rule is that an amendment to the statutes takes effect when it is enacted and will not be considered retroactive “ ‘unless a contrary intention is expressly stated or necessarily implied.’ ” Dallmann v. Dallmann, 159 Wis. 480, 486, 149 N.W. 137 (1915). In this case, however, such intention is inescapable and we conclude that the legislature intended the amendments to apply starting on January 1, 1980, even though the statute was not enacted until months afterward.
Having found the intent of the statute to be retroactive, we must consider its constitutionality. The general rule is that “A statute dealing with substantive rights cannot affect rights vested on its effective date.” Estate of Riley, 6 Wis.2d 29, 37, 94 N.W.2d 233 (1959).
“The right to compensation and the amount thereof shall in all cases be determined in accordance with the provisions of law in effect as of the date of the injury . . . .” Sec. 102.03 (4), Stats. 1977.
When the injuries in question occurred, this statute operated immediately to vest the right to compensation and fix the amount thereof “in accordance with the provisions of law in effect as of the date of the injury.” The maximum amount of compensation at that time was specified in sec. 102.11(1), Stats. 1977. These
Wis. Bingo Sup. & Equip. Co. v. Bingo Control Bd., 88 Wis.2d 293, 306, 276 N.W.2d 716 (1979) stated:
“A retrospective statute is unconstitutional if its effect is to deprive a person of life, liberty or property without due process of law. Schultz v. Vick, 10 Wis.2d 171, 175, 102 N.W.2d 272 (1960) .”
In Haase v. Sawicki, 20 Wis.2d 308, 121 N.W.2d 876 (1963) the court held, “The legislature may not constitutionally enact retrospective laws creating new obligations with respect to past transactions.”
Sec. 102.03(4), Stats., set the right to compensation of the employee and the amount thereof which was the employer’s obligation in accordance with the provisions of law in effect as of the date of the injury. To give the law the effect argued for by the state would retroactively affect the obligations of the employers already set by law and would be a violation of Art. I, sec. 1 of the Wisconsin Constitution. This court has held:
“It is well settled by Wisconsin case law that the various freedoms preserved by sec. 1, art. I, Wis. Const., are substantially the equivalent of the due-process and equal-proteetion-of-the-laws clauses of the Fourteenth amendment to the United States constitution. Pauly v. Keebler (1921), 175 Wis. 428, 185 N.W. 554; Boden v. Milwaukee (1959), 8 Wis. (2d) 318, 324, 99 N.W. (2d) 156; and Lathrop v. Donohue (1960), 10 Wis. (2d) 230, 235, 102 N.W. (2d) 404.” Haase, supra, at 311 n. 2.
There was no emergency or catastrophe present in this case, such as a war, as was in the case of Schmidt v. Wolf Contracting Co., 269 App. Div. 201, 55 N.Y.S.2d 162, 166-69 (1945), cited by the state. This is not to rule that the legislature may enact laws which have retroactive application under its police powers only
“To say that the act is not unconstitutional because it outwardly serves some public purpose says but little, since the more important challenge to the law is whether the public purpose served is so important and exigent that it will justify the invocation of the state’s police power in derogation of constitutionally secured rights.”
Sec. 29m was placed in the bill entirely for the purpose of off-setting the late adoption by the legislature of this law and therefore does not rise to the sustainable position of the exercise of the state’s police power to affect rights retroactively whether they be contractual or vested.
Having determined that the statutory provisions for increased compensation,
The general rule as to whether part of a statute remains to decide how much, if any, of the statute may constitutional is that:
*659 “A statute may be unconstitutional in part and yet be sustained with, the offending part omitted, if the paramount intent or chief purpose will not be destroyed thereby, or the legislative purpose not substantially affected or impaired, [or] if the statute is still capable of fulfilling the apparent legislative intent . . . 82 C. J.S. Statutes sec. 93 (a) (1958).
This court has adopted this rule. In Bence v. Milwaukee, 84 Wis.2d 224, 233, 267 N.W.2d 25 (1978), we said:
“There is ample precedent to permit a court to sever from an ordinance or legislative enactment that portion of an act which is unconstitutional and to declare that the remaining portion is valid. As a general matter, the determination of whether an invalid portion so infects the remainder of the legislation as to require the entire law to be invalidated is a question of legislative intent. City of Madison v. Nickel, 66 Wis.2d 71, 223 N.W.2d 865 (1974); State ex rel. Milwaukee County v. Boos, 8 Wis.2d 215, 99 N.W.2d 139 (1959) ”
Some cases from other jurisdictions are in conformity with the above rule but are even more specifically applicable. For example, the case of State v. Davis, 132 Ohio 555, 9 N.E.2d 684 (1937), dealt with a statute which gave interurban railroads a three-year exemption from certain taxes. The statute became effective on October 19, 1933, but exempted the railroads from taxation commencing on January 1, 1932. The Supreme Court of Ohio declared the statute unconstitutional insofar as it acted retroactively but declared that “the invalidity of a statute, in so far as it is retroactive in terms, may not render it invalid in its prospective operation . . . .” The court concluded that:
“The obvious intent and purpose of the legislation under consideration to exempt a certain property from taxation for a specified period of time will not be de*660 feated if the statute is given effect only prospectively, though that results in only a partial accomplishment of the full object and purpose sought. Hence, the statute should be held valid and effective in so far as it is not retroactive.”
The Wisconsin Worker’s Compensation Act has a long history. Wisconsin employees have been provided protection by the act continuously since 1911. Benefit ceilings payable under the act have been raised many times. The bill which became law on May 13, 1980, is one of several such raises passed in the last decade. It is obvious from the history of that bill which has already been discussed that it was the intent of the legislature to raise the maximum benefits and to raise them commencing on January 1, 1980. Because of a delay in passing the bill, increases could be made payable commencing on January 1 only by making the bill retroactive. This was accomplished by the addition of sec. 29m. It is apparent to this court that the determination that this section is unconstitutional does not “so infect [s] the remainder of the legislation as to require the entire law to be invalidated.” The intent of the legislature to increase the benefits was the paramount intent or chief purpose of the bill. This intent is still capable of fulfillment even without the unconstitutional provision for the retroactive payment. Hence, we find that although sec. 29m of the bill is unconstitutional and void, the remainder of the bill is valid, though it “results in only a partial accomplishment of the full object and purpose sought.” We conclude that with sec. 29m voided the increase in maximum benefits authorized by sec. 102.11(1), Stats., is applicable only to claims arising out of injuries occurring on or after the effective date of the statute, May 13,1980.
By the Court. — It is adjudged and declared that sec. 29m, ch. 278, Laws of 1979, is unconstitutional and void
“The subsections contained in the exception in [amended] sec. 102.03(4) relate to social security benefit offsets, supplemental benefits for permanent total disability or continuous temporary total disability for injuries occurring prior to January 1, 1976 and the renewed period of temporary total disability commencing more than two years after the date of the injury.” (Stipulation, paragraph 3.)
The exceptions to this rule listed in the statute are clearly irrelevant to this case.
“The average weekly earnings for temporary disability, permanent total disability or death benefits for injury on or after January 1, 1978 1980, shall be taken at not less than $30 nor more than such wage rate as will result in a maxmium compensation rate of 100% of the state’s average weekly earnings as determined under s. 108.05 as of June 301979. The maximum weekly compensation rate after December 31, 4078-1980, is 100% of the average weekly earnings determined as of June 30, 4&Q-1980. The average weekly earnings for permanent partial disability for injuries after January 1,-1078 1980, shall be taken at not less than $30 nor more than -$97.50 $105, resulting in a weekly maximum compensation rate of -$65- $70. Between such limits the average weekly earnings shall be determined as follows . . . .”
Dissenting Opinion
(dissenting). The statutory amendments in question apply to injuries incurred between January 1, 1980 and May 12, 1980. Thus they have some retroactive effect.
The retroactive effect of these statutory amendments is to alter duties incident to injuries occurring before the amendments were enacted. That the constitutionality of the statutes is problematic is apparent almost from this description alone. The majority resolves the constitutional question by describing the effect of the amendments. The majority concludes that the petitioners’ obligations are fixed by the worker’s compensation act in effect on the date of injury, that these fixed obligations are “vested rights,”
Labeling the petitioners’ obligations as “vested rights”, as the majority does, is conclusory and simplistic. Adams Nursing Home of Williamstown, Inc. v. Mathews, 548 F.2d 1077, 1081 (1st Cir. 1977); State ex rel. Bldg. Owners v. Adamany, 64 Wis.2d 280, 294, 219 N.W.2d 274 (1974). The label merely reflects the conclusion that the right is deserving of protection against the statute in issue. The label does not explain when a right should be viewed as so far perfected as to be deserving of such protection.
I begin by noting that the majority’s treatment of the issue of the constitutionality of the statute does not conform to the principles of law governing this question. This court has repeatedly said that a statute is presumed to be constitutional and that the party challenging the constitutionality of a statute bears a heavy burden. In some cases we have said that to overcome this presumption of constitutionality the challenger “must prove the law to be unconstitutional beyond a reasonable doubt.” State ex rel. Bldg. Owners v. Adamany, 64 Wis.2d 280, 286, 219 N.W.2d 274 (1974). See also State v. Hart, 89 Wis.2d 58, 64, 277 N.W.2d 843 (1978); WKBH Television Inc. v. Dept. of Revenue, 75 Wis.2d 557, 566, 250 N.W.2d 290 (1977). The United States Supreme Court, taking a similar view, recently described the presumption of constitutionality applicable to statutes and the challenger’s burden as follows: It is by now well established that legislative Acts adjusting the burdens and benefits of economic life come to the Court with a presumption of constitutionality, and that the burden is on one complaining of a due process violation to establish that the legislature has acted in an arbitrary
Although our cases do not define the nature of the presumption or of the burden, neither the presumption nor the burden falls by the wayside when the statute is challenged on grounds of retroactivity. State ex rel. Bldg. Owners v. Adamany, 64 Wis.2d 280, 286, 219 N.W.2d 274 (1974). Not every statute is unconstitutional merely because its effect “is to impose a new duty or new liability based on prior acts.” Usery v. Turner Elkhorn Mining Co., 428 U.S. 1, 16 (1976).
The cases pose two principal factors as determinative of the validity of a retroactive statute: (1) the nature and strength of the public interest served by the statute and (2) the unfairness created by its retroactivity. The extent of the party’s reasonable reliance on the law existing at the time of the conduct whose legal consequences would be altered is a useful gauge of the element of unfairness. State ex rel. Bldg. Owners v. Adamany, 64 Wis.2d 280, 288, 219 N.W.2d 274 (1974);
The majority opinion fails to compare the public and the private interests involved here. I consider this comparison to be essential to the disposition of the issue before us.
Petitioners do not deny that a valid public purpose is served by the retroactive features of the statute. Instead they direct their arguments at the sufficiency of the action taken and then at the sufficiency of the public purpose.
Petitioners first contend that if the discernible public purpose is valid, the legislature did not go far enough. The petitioners argue that there is nothing to distinguish persons injured in December 1979 from persons injured in January 1980. This type of argument has not been
Secondly, the petitioners complain that the discernible public purpose does not amount to “exigent circumstances of vital public interest which would necessitate the exercise of the state’s police power and provide a sufficient basis on which to interfere with the vested rights of petitioners.” (Petitioner’s Reply Brief, p. 12.) The petitioners intimate that only exigent circumstances can justify this retroactive law. The majority, using similar reasoning, distinguishes Schmidt v. Wolf Contracting Co., 269 App. Div. 201, 55 N.Y.S.2d 162, 166-169 (1945), by saying there is no emergency or catastrophe present in this case such as a war. It is clear from the authorities that it is not “only an emergency of great magnitude [which] can constitutionally justify” a retroactive state law. Allied Structural Steel Co. v. Spannaus, 438 U.S. 234, 249, n. 24 (1978).
The resolution of the issue of constitutionality requires an analysis of the harms caused by retroactivity and a determination of whether the discernible public purpose justifies the effects. The constitutionality of a retroactive law is thus a function of both the purpose the
Having reviewed the purpose the statute in issue is intended to serve, I turn to an analysis of the effect of the law on the petitioners. I must examine the petitioners’ rights, interests and expectations affected by the law in issue, the petitioners’ reliance on the prior law,
The petitioners concede that their expectations include the knowledge that the legislature may increase their obligations under worker’s compensation. Petitioners and DILHR agree that increasing the benefit every two years for persons injured after January 1 of each even-numbered year became a legislative practice in this state in the 1970’s. See ch. 150, Laws of 1973; ch. 147, Laws of 1975; and ch. 195, Laws of 1977.
The petitioners’ rights and interests in their obligations have been affected. But the severity of the injury to the petitioners’ rights and interests resulting from retroactive application of the statute has not been described by the parties. The parties’ Statement of Stipulated Facts alleges that it is impossible to determine the total cost to the petitioners of retroactive application of the statute.
Because petitioners have failed to show that their rights, interests and expectations were significantly altered or affected by the retroactive legislation, the “height of the hurdle” the state legislation must clear is low. In the instant case, the state need not show exceptional and extraordinary exigent circumstances to justify the retroactive legislation in issue. Considering the level of impairment of the petitioners’ asserted pre-enactment rights, interests and expectations, I conclude that the legislature has demonstrated a valid legislative purpose for retroactivity. As we noted previously, the legislature has over the years increased the maximum benefits to allocate to the employer the increased cost of providing- compensation to the employee suffering a work-connected disability. The burden on the employers caused by this retroactive statute is part of the risk-sharing
I would find that the imposition of what appears on this record to be limited increased liability on employers for workers injured between January 1 and May 12 is justified as a reasonable measure to aid disabled employees and to spread the costs of employees’ disabilities to those who profited from the fruits of their labor and who can spread the costs to the purchasers of the products and services.
In sum, the petitioners have not overcome the presumption favoring the legislative judgment as to the necessity and reasonableness of their enactments and have not carried their burden of proving the law’s unconstitutionality beyond a reasonable doubt. Considering that the legislature is attempting to increase benefits and liabilities to help the employee keep up with inflation ; considering that the legislature has a history of increasing awards effective to injuries occurring after January 1 of a particular year; considering that the statute’s retroactive effect is limited to injuries occurring during a brief period (4Y¿ months) ; considering that the increased payments are to be made for the period after May 13, 1980, and not for the period January 1 through May 12; and considering that the petitioners have shown no significant alteration in their rights, interests and expectations, resulting from the legislation, I conclude that neither the federal nor the state constitution invalidates the legislation in issue. I therefore dissent.
I am authorized to state that Justice Nathan S. Heffer-nan joins in this dissent.
It is unclear from the majority opinion whether it interprets the statute to provide increased payments to persons injured on and after January 1, 1980, for the period January 1 through May 12, 1980, or for the period after May 13, 1980. I conclude that the petitioners are liable for increased payments commencing with payments made on and after May 13, 1980, to persons injured after January 1, 1980.
Art. I, see. 1, Wis. Const, provides: “All men are born equally free and independent, and have certain inherent rights; among these are life, liberty and the pursuit of happiness; to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed.”
The majority correctly states that this court has recognized that see. 1, Art. I, Wis. Const., encompasses the concepts of due-process and equal protection. The majority opinion should not be construed, however, to mean that this court is departing from its long-held view that this state may afford its citizens greater constitutional protections under the Wisconsin Constitution than are required of the state by the federal constitution. This court asserted its powers to construe our state constitution as early as 1855, saying: “The people then made this constitution, and adopted it as their primary law. The people of other states made for themselves respectively, constitutions which are construed by their own appropriate functionaries. Let them construe theirs — let us construe, and stand by ours.” The Attorney General ex rel. Bashford v. Barstow, 4 Wis. 567, 785, *758 (1855). For a discussion of the protections afforded by the state constitution, see, e.g., Carpenter v. Dane County, 9 Wis. 249 (1859); Hoyer v. State, 180 Wis. 407
Art. I, sec. 10, U.S. Const.: “No state shall . . . pass any . . . law impairing the obligation of contracts.”
I conclude, as did counsel for petitioners on oral argument, that the analysis used to determine impairment of contract obligations and the analysis used to determine deprivation of due process under the “vested rights” theory are the same in this case.
For a discussion of the standard of review of retroactive legislation on contract clause or due process grounds, see e.g., Tribe, American Constitutional Law eh. 9 (1978), ch. 9 (1979 Supp.); Note, Constitutionality of. Retroactive Land Statutes — Indiana’s Model Dormant Mineral Act, 12 Ind. L. Rev. 455 (1979); Note, Revival of the Contract Clause: Allied Structural Steel Co. v. Spannaus and United States Trust Co. v. New Jersey, 65 Va. L. Rev. 377 (1979).
Prior to this case the court had not decided that the employer’s statutory obligations are vested rights. In Kleiner v. Milwaukee,
In Usery v. Turner Elkhorn Mining Co., 428 U.S. 1, 19-20 (1976), the United States Supreme Court held that the “Due Process clause poses no bar to requiring an operator to provide compensation for a former employee’s death or disability due to pneumoconiosis arising out of employment in its mines, even if
The petitioners’ brief (p. 32) asserts that “An examination of the decisions of courts in other states discloses that, with virtual unanimity, they have held that legislation which attempts to retroactively increase worker’s compensation benefits is unconstitutional, either as an impairment of vested rights or an interference with the obligation of contract.” The petitioners refer us to the following cases: Tennessee Coal & Iron Div., U. S. Steel Corp. v. Hubbert, 110 So.2d 260, 262-265 (Ala. 1959), and cases cited therein; Peterson v. Federal Mining & Smelting Co., 170 P.2d 611, 612 (Idaho, 1946); Harris v. National Trucking Service, 321 So.2d 690, 693-695 (Ala. App. 1975); Reggep v. Lunder Shoe Products Co.,
DILHR relies on the following cases which upheld retroactive legislation: Schmidt v. Wolf Contracting Co., 269 App. Div. 201, 55 N.Y.S.2d 162 (1945), aff’d 295 N.Y. 748, 65 N.E.2d 568 (1946); Price v. All American Engineering Company, 320 A.2d 336 (Del. 1974); Lahti v. Fosterling, 357 Mich. 578, 99 N.W.2d 490 (1959); Clark v. Chrysler Corp., 377 Mich. 140, 139 N.W.2d 714 (1966).
In American Stevedores, Inc. v. Salzano, 538 F.2d 933, 937, (2d Cir. 1976), the federal court of appeals said that “[t]he constitu
In Allied Structural Steel Co. v. Spannaus, 438 U.S. 234, 244-245 (1978), the Court struck down, under the contract clause, a Minnesota statute which undertook for the first time to subject existing pension plans to state regulation, which imposed severe and significant unexpected liability on companies in disabling amounts and which failed to state the economic conditions requiring such legislation. The dissent viewed the issue as one of due process.
In a challenge to retroactivity, a key question is how the conduct of the petitioners or others similarly situated would have differed if the law in issue had applied from the start. The petitioners do not address this issue.
Sec. 102.14(2), Stats. 1979-1980, requires the council on worker’s compensation to submit its recommendations for revisions of ch. 102, Worker’s Compensation, to each regular session of the legislature. Each of these laws, as well as the 1979 law, reflects an amendment proposed by the council.
The stipulation states: “19. It is impossible to determine the total cost, including administrative costs, to Petitioners, other self-insured employers and insurance carriers of complying with the amended Act, as interpreted by respondent's because: (1) the total cost of the retroactive increased benefits has not yet been calculated by Petitioners and each other individual self-insured employer and insurance carrier; (2) in many cases, the payment of retroactive increased benefits will extend indefinitely into the future and (3) not all claims for which retroactive increased benefits would be due have as yet been made by qualified employees.”
Estimates can be made. Fiscal Notes to the Worker’s compensation laws estimate the costs of the bill to the state in its capacity as an employer. See Bill Drafting files maintained by the Legislative Reference Bureau, State Capitol, Madison, Wisconsin.
Reference
- Full Case Name
- State Ex Rel. Briggs & Stratton Corporation, Kimberly-Clark Corporation, A. O. Smith Corporation, and Appleton Electric Corporation, Petitioners, v. Joseph Noll, Secretary, Department of Industry, Labor & Human Relations, John R. Byrnes, Administrator, Worker’s Compensation Division, DILHR, and the Department of Industry, Labor & Human Relations, Respondents
- Cited By
- 40 cases
- Status
- Published