One-Hundred and First Regular Session
TUESDAY, January 22, 2013
The Chief Clerk makes the following entries dated Friday, January 18, 2013.
Introduction, First Reading, and Reference of Proposals
Senate Joint Resolution 4
Relating to: creation of a department of transportation, creation of a transportation fund, and deposit of funds into the transportation fund (second consideration).
By Senators Petrowski, Carpenter, Lazich, Darling, Farrow, Gudex, Harsdorf, Kedzie, Lasee, Leibham, Moulton, Olsen and Schultz; cosponsored by Representatives Ripp, Kahl, Bernier, Bies, Brooks, Czaja, Danou, Doyle, Endsley, Honadel, Jacque, Jorgensen, Kaufert, Kerkman, Kestell, Klenke, LeMahieu, T. Larson, Marklein, Murphy, Mursau, Nerison, Nygren, A. Ott, Petersen, Petryk, Pridemore, Schraa, Smith, Spiros, Stone, Steineke, Strachota, Tauchen, Thiesfeldt, Tittl, Tranel, Weininger, Zepnick and August.
hist1089To committee on Transportation, Public Safety, and Veterans and Military Affairs Read first time and referred:
Relating to: regulation of ferrous metallic mining and related activities, procedures for obtaining approvals from the Department of Natural Resources for the construction of utility facilities, making an appropriation, and providing penalties.
By Senators Tiffany, Gudex, Darling, Farrow, Kedzie, Lasee, Lazich, Leibham and Vukmir; cosponsored by Representatives Suder, Honadel, Williams, August, Ballweg, Bernier, Bies, Born, Craig, Czaja, Endsley, Hutton, Jacque, Jagler, Kapenga, Kaufert, Kerkman, Kestell, Kleefisch, Klenke, Knodl, Knudson, Kooyenga, Kramer, Kuglitsch, T. Larson, LeMahieu, Loudenbeck, Murphy, Murtha, Nass, Nygren, A. Ott, J. Ott, Petersen, Petryk, Pridemore, Ripp, Sanfelippo, Schraa, Severson, Spiros, Steineke, Stone, Strachota, Stroebel, Swearingen, Tauchen, Thiesfeldt, Tittl, Vos, Weatherston and Weininger.
hist1093To committee on Workforce Development, Forestry, Mining, and Revenue _____________
The Chief Clerk makes the following entries under the above date.
Introduction, First Reading, and Reference of Proposals
Senate Joint Resolution 5
Relating to: fiscal estimate requirements for bills containing penalty provisions.
By Senators Taylor, T. Cullen, Risser, Carpenter, Lehman and Harris; cosponsored by Representatives Bies, Kahl, Hebl, Johnson, Pasch, Barnes, Kessler, Goyke, Berceau, C. Taylor, Bernard Schaber and Hintz.
hist1098To committee on Government Operations, Public Works, and Telecommunications Read first time and referred:
Relating to: the publication and effective dates of acts.
By Senator Grothman.
hist1097To committee on Judiciary and Labor _____________
Petitions and Communications
State of Wisconsin
Claims Board
December 26, 2012
Enclosed is the report of the State Claims Board covering the claims heard on December 12, 2012. Those claims approved for payment pursuant to the provisions of s. 16.007 and 755.05 Stats., have been paid directly by the Board. This report is for the information of the Legislature. The
Board would appreciate your acceptance and publication of it in the Journal to inform the members of the Legislature.
Sincerely,
GREGORY D. MURRAY
Secretary
STATE OF WISCONSIN CLAIMS BOARD
The State of Wisconsin Claims Board conducted hearings at the State Capitol Building in Madison, Wisconsin, on December 12, 2012, upon the following claims:
Claimant Agency Amount
1 .Marion Lynette Workforce
Development $80,000.00
2. William Damon Innocent Convict Avery Compensation $30,000.00
3. Forest Seaton Innocent Convict
Shomberg Compensation $102,500.00
4. Beth Reeves Innocent Convict
Compensation $161,894.72
5. David R.
Turnpaugh Innocent Convict
Compensation $28,201.20
The following claims were decided without hearings:
Claimant Agency Amount
6. Kelle &
Brian Dorn Health Services $6,638.25
7. Thomas Barbian Correction $37.00
8. Trammel Starks Corrections $228.93
9. Antonio D.
Johnson Corrections $168.00
The Board Finds:
1. Marion Lynette of Antigo, Wisconsin claims $80,000 for worker’s compensation death benefits, lost hours towards pension earnings, and funeral costs for the claimant’s father, Alvin Tillman. Mr. Tillman was working as a plumber at a jobsite in March 1973 when he collapsed and died. The claimant states that on the day of his death, her father was responsible for carrying 125 lb. sections of pipe and placing them in a ditch. She alleges that two weeks before his death, he told his wife that his supervisors were “trying to kill [him].” The claimant alleges that her father’s physician stated that he did not have a pre-existing heart condition. Upon her father’s death, his wife filed a claim for worker’s compensation death benefits, however, the claim was denied on the grounds that the death was due to a pre-existing heart condition, which was not aggravated by the work Mr. Tillman was performing at the time of his death. The denial of benefits was affirmed by the Department of Labor Industry and Human Relations (DILHR) and again reviewed and denied by Dane County Circuit Court in 1975. The claimant states that she was unaware that the attorney she hired to pursue the worker’s compensation claim had lost his license three times in the past. The claimant points to the fact that the physician who declared her father’s death to be due to a heart attack had never examined him while alive. She believes the court should have therefore given less weight to his testimony than that of her father’s physician, who had stated there was no pre-existing heart condition. The claimant also alleges that several of her father’s co-workers were not truthful at trial because they were afraid of losing their jobs. The claimant believes that her mother did not receive justice and requests payment of this claim.
The Department of Workforce Development (DWD, formerly DILHR) recommends denial of this claim, which has been fully litigated before DILHR and DWD, and reviewed upon appeal. DWD notes that the denial of worker’s compensation benefits was upheld by DILHR in 1973 and Dane County Circuit Court in 1975. DWD points to the circuit court decision, which notes that there was conflicting testimony by two doctors, one testifying that the strenuous work performed by her father contributed to his death and one testifying that the work activities were not unusually strenuous and did not cause his death. The court decision stated that “the long recognized general rule is that where there are conflicts and inconsistencies in the medical testimony this is a matter for the department and not a reviewing court to resolve.” DWD also notes that the claimant filed a new claim with DWD in 1996 alleging her father’s death was due to occupational disease. This claim was dismissed by an administrative law judge in 1997 and that dismissal was upheld by the Labor and Industry Review Commission in 1998. DWD notes that although the claimant’s attorney was disciplined for the handling of probate matters, none of these disciplinary proceedings involved her father’s case and that it appears that Dane County Circuit Court was satisfied that the attorney had vigorously argued Mr. Tillman’s case. DWD believes there is no evidence of negligence by any state agency and no equitable basis for payment of this claim.
