LRB-0400/1
JTK:kmg:aj
1995 - 1996 LEGISLATURE
January 13, 1995 - Introduced by Representatives Coggs, L. Young and
Morris-Tatum, cosponsored by Senator George. Referred to Joint committee
on Finance.
AB20,1,2
1An Act relating to: the expenditure of $750,000 from the general fund for
2payment of a claim against the state made by Gabriel Ware, Jr.
Analysis by the Legislative Reference Bureau
This bill directs expenditure of $750,000 from the general fund in payment of
a claim made by Gabriel Ware, Jr., against the department of industry, labor and
human relations. The claimant claimed permanent disability compensation under
the worker's compensation law on the basis of an injury that he suffered at the
Schlitz Brewing Company brewery in the city of Milwaukee on June 30, 1970. At a
hearing on the claimant's claim on March 8, 1976, the hearing examiner of the
department admitted into evidence and was shown a film which purported to show
that the claimant engaged in physical activities inconsistent with his claimed injury.
On March 26, 1976, the examiner denied the claimant's claim. The claimant
contends that the film showed an individual other than himself. He requested a copy
of the film from the department. On July 27, 1978, the claimant received a copy of
a film from the department which the claimant contends was a different film than
the one shown at the hearing. The department was unable to supply another film.
The claimant contends that, due to loss or destruction of the March 8, 1976, film, he
is unable to illustrate any discrepancy between the film and the findings of fact upon
which the examiner's decision was based. The claimant claimed $750,000, which is
the claimant's estimated value of his damages. On August 24, 1987, the claims board
awarded $1,000 to the claimant pursuant to its authority under s. 16.007 (6) (a),
stats., on the basis of equitable principles. The claimant declined to accept this
award. See 1987 Senate Journal, p. 341.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB20, s. 1
1Section
1. Claim against the state. There is directed to be expended from the
2appropriation under section 20.505 (4) (d) of the statutes $750,000 in payment of a
3claim against the state made by Gabriel Ware, Jr., Milwaukee, Wisconsin, to
4compensate him for his estimated value of a worker's compensation claim based on
5an injury sustained on June 30, 1970, in connection with which the department of
6industry, labor and human relations was unable to produce a film admitted into
7evidence at a worker's compensation hearing on March 8, 1976, which was used
8against the claimant. Acceptance of this payment releases this state and its officers,
9employes and agents from any further liability resulting from this injury or evidence
10admitted at this hearing.
