Wisconsin Court Upheld Lost Wage Award for Welder
The Wisconsin Court of Appeals ruled that Bartelt Custom Automotive lacked reasonable cause to deny rehire to an injured employee.
Updated on Oct. 12, 2026 in Jobs — General
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The Wisconsin Court of Appeals affirmed a lost wage award for a welder who was denied rehire after a hand injury. The court determined the company failed to offer the worker a suitable open position despite knowing he was capable of returning.
Why it matters
This ruling clarifies that employees do not need to formally apply for rehire to maintain a claim when an employer is aware of their intent to return. It reinforces legal protections for injured workers under state labor laws.
The appeal was processed under case number 2024AP000133, which evaluated compliance with Wisconsin Statute 102.35(3). The statute governs rehire claims for employees previously released due to work-related injuries.
The players
Bartelt Custom Automotive
This Wisconsin-based company was found to have lacked reasonable cause when it refused to rehire an injured employee.
Warlow
The former employee and welder who was awarded lost wages after his company failed to rehire him following a hand injury.
Labor and Industry Review Commission
This state agency originally reviewed the case and found that the company improperly refused to rehire the injured welder.
The details
The court found that Bartelt Custom Automotive improperly filled the welder's original position and failed to place the employee in a vacant press-brake operator role. Justices concluded that the company could not prove that offering the new position would have been futile.
Timeline
The Wisconsin Court of Appeals issued the decision in 2026.
Market Landscape
This case highlights the growing scrutiny on hiring practices regarding injured staff members within Wisconsin industrial sectors. It positions employers to maintain clearer documentation regarding available roles and hiring procedures to avoid legal challenges under state labor regulations.
Employers in Wisconsin may need to re-evaluate their rehiring protocols for recovering employees to ensure compliance with state labor requirements. Workers should be aware that their rights to reinstatement may remain intact even without filing a formal new application.
The takeaway
Employers must be proactive in offering suitable open positions to returning employees to avoid liability for lost wages. Injured workers should keep clear records of their medical clearance and their communicated intent to return to work.
Further reading
For more information on state employment mandates, visit Jobs — General.
Source note: This article includes information reported by Wisconsin Law Journal - WI Legal News & Resources.
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