Dated at Madison, Wisconsin this 28thday of June, 1995.
Joseph Leean
Senate Finance Committee
Ben Brancel
Assembly Finance Committee
Alan Lee
Representative of the Attorney General
Edward D. Main,
Representative of the Secretary of Administration
Christopher Green
Representative of the Governor
State of Wisconsin
Claims Board
October 26, 1995
The Honorable, The Senate:
Enclosed is the report of the State Claims Board covering the claims heard on October 19, 1995.
The amounts recommended for payment under $5,000 on claims included in this report have, under the provisions of s.
16.007, Stats., been paid directly by the Board.
The Board is preparing the bill(s) on the recommended award(s) over $5,000, if any, and will submit such to the Joint Finance Committee for legislative introduction.
This report is for the information of the Legislature. The Board would appreciate your acceptance and spreading of it upon the Journal to inform the members of the Legislature.
Sincerely,
Edward D. Main
Secretary
State of Wisconsin
Claims Board
The State Claims Board conducted hearings at the State Capitol Building, Madison, Wisconsin on October 19, 1995, upon the following claims:
In addition, the following claims were considered and decided without hearings:
The Board Finds:
1. Yan Jin of Sturtevant, Wisconsin claims $509.77 for vehicle repair due to damage that occurred at Southern Wisconsin Center on May 30, 1995. The claimant is an employe at SWC and her vehicle was parked in the appropriate parking lot. A number of residents were walking in the parking lot and one resident pushed another resident's wheelchair into the claimant's car, causing damage to the right front door. The claimant does not have insurance coverage for the damage. The claimant believes that damage was an indirect result of inadequate supervision of residents by SWC staff. Furthermore, she points to the fact that when a resident damages an employe's clothing or jewelry the employe is reimbursed. She believes this is a similar situation and that she should be compensated for the damage. The Board concludes, the claim should be paid in the reduced amount of $100.00, based on equitable principles. The Board further concludes the claim should be paid from the Department of Health and Social Services appropriation s.
20.435 (2)(gk), Stats.
2. Heather Rippl of Madison, Wisconsin claims $670.00 for replacement of a stolen bicycle. The claimant, a student at UW-Madison, locked her bicycle to a UW bicycle post near the Memorial Union on April 19, 1994. On April 20, the claimant discovered that her bicycle was missing and called the UW Police. The UW Police report indicates that it appears that the bicycle post was not firmly planted in the ground and that the thieves pulled out the post to get the bicycle. The report notes that several other posts were loose in the ground and that the stone walkway around the posts was broken up. The claimant believes the UW was negligent in not properly maintaining the bicycle posts and requests reimbursement for the cost of her bicycle. The Board concludes there has been an insufficient showing of negligence on the part of the state, its officers, agents or employes and the claim is not one for which the state is legally liable nor one which the state should assume and pay based on equitable principles.
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3. Donald Harcus of Brookfield, Wisconsin claims $11,000.00 for overpayment of income taxes for the years 1989 and 1990. The claimant was delinquent in filing the taxes. DOR eventually issued a tax assessment and began collections through the claimant's employer. The claimant was working with a DOR agent to get the returns filed. The claimant was never informed that the $11,000 that had already been taken from tax refunds and garnishment actions would not be returned. The DOR agents' notes indicate that she did not inform him the money would not be returned. The claimant believes this was an improper action on the part of DOR, since the notice sent to his employer to begin garnishment indicated that any overpayment would be refunded. He requests reimbursement of the $11,000 overpayment and interest. The Board concludes there has been an insufficient showing of negligence on the part of the state, its officers, agents or employes and the claim is not one for which the state is legally liable nor one which the state should assume and pay based on equitable principles.
4. Angel Louis Pagan of Sturtevant, Wisconsin claims $6,500.00 for damages related to an automobile accident. The claimant is a prisoner who was being transferred from Portage, WI to Waupun, WI. The transfer took place on February 22, 1994, during a snowstorm and the van slid off of the road and hit some rocks. The claimant suffered a laceration on his forehead and a bruised hip. There is a two and one-half inch permanent scar on the claimant's forehead from the laceration and he is still bothered by the contusion to his hip. The claimant believes that the driver of the van was going to fast for the weather conditions (50 mph). Furthermore, the claimant points to the police report which indicated that the driver failed to have control. The claimant requests $6,500.00 for medical care of his scar. The Board concludes there has been an insufficient showing of negligence on the part of the state, its officers, agents or employes and the claim is not one for which the state is legally liable nor one which the state should assume and pay based on equitable principles.
5. Anthony Bucaro of Portage, Wisconsin claims $4,400,000.00 for pain and suffering, psychological and emotional damages related to the claimant's incarceration. In 1979, the claimant received a two year prison sentence and was committed to Green Bay Correctional Institution. The claimant was 25 years old at the time, however, because of a pituitary gland disorder (Kallmann's Syndrome), he had the physical appearance of a rather effeminate 16 year old. Due to his physical appearance the claimant has suffered continual harassment, sexual threats, and has been raped numerous times while incarcerated at both Green Bay Correctional and Kettle Moraine Correctional. The claimant believes that he has not been adequately protected from these assaults by the Department of Corrections. The claimant requested that his cell door be locked during the day, however, this was not allowed. He also was punished for refusing to shower for 2 and 1/2 months after he had been raped several times in the group showers. The claimant was eventually placed in Administrative Confinement in Lower Segregation for his protection. However, while so confined, he was treated like the prisoners who were there for disciplinary reasons. He was confined to his cell 24 hours a day, denied hot meals, personal property, legal materials and access to religious services. He was transferred between Green Bay Correctional and Kettle Moraine several more times and each time experienced assaults and harassment. In 1985, the Claimant filed a civil lawsuit against DOC (then H&SS), which was dismissed. The dismissal was upheld on appeal. The claimant requests compensation for the physical and psychological injuries that he has suffered as a result of being raped repeatedly while incarcerated at Green Bay Correctional and Kettle Moraine Correctional. The Board concludes there has been an insufficient showing of negligence on the part of the state, its officers, agents or employes and the claim is not one for which the state is legally liable nor one which the state should assume and pay based on equitable principles.
6. Scott Sickler of West Bend, Wisconsin claims $3,650.00 for a refund under the Wisconsin Fund Grant Program. In August 1991, the claimant's septic system was condemned and he was informed he needed to install a mound system. At that time, the DNR administered the Wisconsin Fund Grant Program, a program to provide grants to cover some of the costs of private sewage system corrections. The claimant submitted the necessary paperwork for the grant program in October 1991. He was told by the Washington County Land Use and Parks Department that he would be eligible for a grant of $3,800. In January 1992, the claimant was notified by Washington County that there had been changes in the program as part of the 1991 budget bill. The program was transferred from DNR to DILHR and the qualification requirements had also changed. Washington County did not receive information from DILHR on the changes until December 1991. Washington County said that DILHR had told them that the changes had to be applied to any application which had been received after August 15, 1991. Under the new qualification guidelines, the claimant was only eligible for a grant of $275. The claimant believes the state was negligent in not notifying Washington County until December 1991. He also feels that DILHR and DNR were negligent in not directly contacting the eligible claimants who had applied for the grant program. The claimant requests that he receive the higher grant amount of $3,800, minus the $150 processing fee, for a total award of $3,650. The Board concludes the claim should be paid in the reduced amount of $75.13, based on equitable principles. The Board further concludes the claim should be paid from Claims Board appropriation s.
20.505 (4)(d), Stats.
7. Kenneth Jasinski of Elkhorn, Wisconsin claims $ 50.00 for vehicle damages caused by unknown vandals while the car was parked at the Wisconsin School for the Blind. It appears that someone struck the vehicle with stones and a piece of steel, damaging the windshield, hood, doors and roof. The claimant has a $50 insurance deductible. The Board concludes there has been an insufficient showing of negligence on the part of the state, its officers, agents or employes and the claim is not one for which the state is legally liable nor one which the state should assume and pay based on equitable principles.
8. Christine Brown of Milwaukee, Wisconsin claims $9,000.00 for medical damages and pain and suffering incurred due to an accident at State Fair Park. On August 14, 1994, the claimant was walking in the area of the north infield gate at State Fair Park. The claimant suffers from multiple sclerosis and uses a cane to assist her in walking. The claimant tripped on a metal stake that was sticking out of the ground and fell on her face, puncturing a front tooth, cutting her lip, and bruising various areas of her body. Where the stake was placed in the ground, there was no gate, fence or protective surrounding. There were two other stakes in the immediate area. When the State Fair Park Police arrived they pounded all three stakes into the ground and called an ambulance for the claimant. The claimant has incurred bills of: $308.26 general medical, $969.00 dental, and $1,651.00 chiropractic. The claimant's bills total $2,928.26. Her insurance has paid $378.26. The claimant requests payment of $9,000 to cover her medical bills and compensate her for pain and suffering. The Board concludes the claim should be paid in the reduced amount of $2,250.00 based on equitable principles. The Board further concludes the claim should be paid from Wisconsin State Fair Park appropriation s.
20.190 (1)(h), Stats.
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9. Theresa M. Gasser of Madison, Wisconsin claims $60.00 for medical bills incurred due to an error in assigning the effective date for her health insurance. On accepting employment with the UW, the claimant also elected to change insurers. Her coverage with her new insurer began on May 1, 1994, but she was incorrectly told by the UW that her new coverage began on July 1, 1994. On June 11, 1994, the claimant's husband received medical services from their previous health care provider, believing that their coverage with that insurer was effective until July 1, 1994. The former insurer rejected payment because the new coverage was in effect on May 1, 1994. The claimant requests reimbursement of the $60.00 she paid for medical treatment. The Board concludes the claim should be paid based on equitable principles. The Board further concludes the claim should be paid from University of Wisconsin appropriation s.
20.285 (1)(kb), Stats.
10. Judith Sarbacker of Portage, Wisconsin claims $50,000.00 for loss of society and companionship related to the death of her husband. The claimant's husband was admitted to UW hospital on June 25, 1991, with Acute Gastrointestinal Hemorrhage. When the claimant arrived at the hospital, she was told that her husband had a hole in his esophagus, but that he was in stable condition. Later that evening, the claimant's husband told the nurse he wanted some water. She refused, but after he persisted, she gave him a cup of shaved ice chips. He sucked on the ice and then began to cough and spit up blood. Twenty minutes later a surgeon arrived and the claimant's husband was rushed to surgery. He died at 10:32 that evening. The claimant sued the UW Hospital but the case was dismissed. The Board concludes there has been an insufficient showing of negligence on the part of the state, its officers, agents or employes and the claim is not one for which the state is legally liable nor one which the state should assume and pay based on equitable principles.
11. Andrea Krueger of Appleton, Wisconsin claims $150.00 insurance deductible for medical costs incurred as a result of an accident at the UW-Whitewater theater. The claimant was a cast member in a production at the UW. During a rehearsal, the claimant was walking up a staircase which was part of the set. As she stepped on the top stair, the staircase disconnected from the platform to which it was attached, causing the claimant to fall 8-10 feet to the floor below. The claimant was transported by ambulance to the emergency room where she was treated for cuts and bruises and examined for broken bones and internal injuries. The claimant believes the set was not properly constructed and requests reimbursement of her $150 insurance deductible. The Board concludes the claim should be paid based on equitable principles. The Board further concludes the claim should be paid from University of Wisconsin appropriation s.
20.285 (1)(h), Stats.
12. Wausau Insurance Companies of Wausau, Wisconsin claims $ 630.45 for subrogation damages related to injuries sustained by the claimant's insured, James Shallue, at the October 30, 1993 UW-Michigan football game at Camp Randall. At the end of the game, students rushed the field, causing a stampede during which a number of spectators were injured. The claimant's insured was among those injured. The Board concludes there has been an insufficient showing of negligence on the part of the state, its officers, agents or employes and the claim is not one for which the state is legally liable nor one which the state should assume and pay based on equitable principles.
13. John W. Frank of Madison, Wisconsin claims $1,061.77 for vehicle damages related to an incident on April 11, 1995. The claimant is employed by the Educational Communications Board as a Radio Maintenance Engineer. He was working at a radio tower that is under construction when ice fell from the tower and damaged his truck. Although the claimant is employed by the ECB, the tower is owned by the University of Wisconsin. The repair total was $1,061.77 and the claimant has a $1,000 insurance deductible. The Board concludes the claim should be paid in the reduced amount of $500.00, based on equitable principles. The Board further concludes the claim should be paid from University of Wisconsin appropriation s.
20.285 (1)(a), Stats.
14. Frank Henningfield of Burlington, Wisconsin claims $51.10 for damage to a bus window related to an incident at Southern Wisconsin Center. The claimant was transporting patients from the center. While they were boarding the bus, one of the patients banged his head on the bus window, breaking the window. The claimant requests reimbursement of the cost to replace the window. The damage was not covered by the claimant's insurance. The Board concludes the claim should be paid based on equitable principles. The Board further concludes the claim should be paid from Department of Health and Social Services appropriation s.
20.435 (2)(gk), Stats.
15. Ann Nesmith of Neenah, Wisconsin claims $121.00 for auto repairs and car rental costs related to an incident at Winnebago Mental Health Institute. On May 13, 1995, the claimant's vehicle was parked in the Winnebago parking lot. On May 14, 1995, the claimant discovered a long scratch down the side of her van. The claimant believes the damage was caused by a patient at WMHI, and may possibly be related to a confrontation she had with two patients on May 13, 1995. She requests reimbursement for her insurance deductible ($100), and for a 2 day car rental ($21). The Board concludes there has been an insufficient showing of negligence on the part of the state, its officers, agents or employes and the claim is not one for which the state is legally liable nor one which the state should assume and pay based on equitable principles.
16. Linda Suda of Appleton, Wisconsin claims $100.00 for reimbursement of vehicle repair and towing costs incurred due to an accident on December 15, 1994. The claimant is an employe of Winnebago Mental Health Institute. She was instructed by her supervisor to attend a leadership class sponsored by H & SS in Madison. She chose to drive her personal vehicle to the class in order to keep the WMHI vehicle available for patient use. While traveling on Highway 151, an oncoming vehicle crossed the yellow line into the claimant's lane. The claimant swerved to avoid the vehicle and ended up in a ditch. She was unable to get her car out and had to have it towed. Either during the accident or as a result of the towing, a CV boot on the claimant's car was damaged. The car repairs came to $138.58 and the towing cost $40.00. The claimant is requesting reimbursement of her $100.00 insurance deductible. The Board concludes there has been an insufficient showing of negligence on the part of the state, its officers, agents or employes and the claim is not one for which the state is legally liable nor one which the state should assume and pay based on equitable principles.
17. Anita L. Ryan of Delavan, Wisconsin claims $100.00 for vehicle damages incurred on August 8, 1995. The claimant is employed at the Wisconsin School for the Deaf. On August 8, 1995, she was instructed to move her car, which was parked near the WSD powerhouse, to the parking area in front of the dorm. The claimant moved the car at approximately 2 p.m. The claimant then left WSD later that day to travel to a conference in Minnesota. The claimant did not take her personal vehicle. At approximately 6 p.m. on August 8, the claimant's husband picked up the car from WSD and noticed that there were two scrapes on the right side of the car. The claimant has received two repair estimates: $486.99 and $620.55. The claimant's insurance deductible is $100.00. The Board concludes there has been an insufficient showing of negligence on the part of the state, its officers, agents or employes and the claim is not one for which the state is legally liable nor one which the state should assume and pay based on equitable principles.
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18. Franchise Finance Corporation of America of Scottsdale, Arizona claims $19,886.00 for overpayment of fees related to the filing of the claimant's 1995 Foreign Corporation Annual Report. The claimant incorrectly reported paid-in capital as $783,053,466 and paid a fee of $66,544 based on that amount. The correct amount of paid-in capital is $549,168,000. This amount would have resulted in a fee of $46,658. The claimant filed articles of correction with the Secretary of State when the error was discovered. The claimant requests reimbursement of the difference between the two fees. The Board concludes there has been an insufficient showing of negligence on the part of the state, its officers, agents or employes and the claim is not one for which the state is legally liable nor one which the state should assume and pay based on equitable principles.
19. George N. Scheifen of Milwaukee, Wisconsin claims $123.38 for refund of interest and penalties assessed on his 1993 sales tax return. The claimant, a first time business owner, did not receive his sales tax report form for 1993 because the Department of Revenue had him listed under an incorrect address. When he filed his personal income tax returns, the error was discovered and the claimant filed his sales tax return. The claimant was assessed penalties and interest because of the late filing. On August 2, 1994, the claimant received a delinquent tax notice for payment of the interest and penalties. The claimant's accountant contacted the DOR and protested that the interest and penalties were excessive. Ross Brown, a DOR revenue agent, agreed with him and said that he would take care of it. On October 3, 1994, the claimant received another delinquent tax notice. The claimant's accountant again contacted Mr. Brown at DOR, who seemed surprised that the problem was not yet cleared up. Mr. Brown again assured the accountant that he would take care of it. The claimant received delinquent tax notices again in November and December of 1994. In December Mr. Brown told the claimant that it was impossible to remove the interest and penalties from the computer at his end. He suggested that the claimant pay the $123.38 and request a refund. The Board concludes the claim should be paid in the reduced amount of $67.89, based on equitable principles. The Board further concludes the claim should be paid from Claims Board appropriation s.
20.505 (4)(d), Stats.
20. Gospel Mennonite School of Almena, Wisconsin claims $780.00 for costs involved in testing the school's drinking water for pesticides. In March 1995, the school received "form 1" from the DNR. This form indicated that the school needed to test their drinking water for pesticide contamination. One week later, the school received "form 2" which omits the pesticide test requirement. The school contacted the DNR and asked if they needed to perform the test. The DNR indicated that since the first form had a more recent date, they should have the test done. On March 28, the school sent a water sample to a laboratory for the test. On April 10, they received a call from the DNR saying that "form 1" was incorrect, and that the test was not needed. The school contacted the laboratory, but the test had already been run. The claimant requests reimbursement for the $780.00 lab fee. The Board concludes the claim should be paid based on equitable principles. The Board further concludes the claim should be paid from Department of Natural Resources appropriation s.
20.370 (2)(ma), Stats.
21. Clifford C. Hill of St. Germain, Wisconsin claims $330.00 for compensation for lost glasses. The claimant is a Limited Term Employe at the State Fish Hatchery in Woodruff, WI. While performing his duties, he accidentally hit himself alongside the head with a pole handle attached to the net he was using. His eyeglasses were knocked off and carried away. The Hatchery Supervisor approved reimbursement for the claimant, however, his claim was later denied because he is an LTE. He requests $330 to cover the cost of his glasses, which are not covered by his insurance policy. The Board concludes the claim should be paid in the reduced amount of $100.00, based on equitable principles. The Board further concludes the claim should be paid from Department of Natural Resources appropriation s.
20.370 (1)(mu), Stats.
22. Arthur J. Fariole of Plymouth, Wisconsin claims $850.00 for back pay and overtime pay related to his job at Kettle Moraine Correctional Institute. The claimant, an inmate at KMCI, has a job sweeping floors in the housing unit in which he resides. The claimant states that he has worked 15 hours per day, 7 days per week for the past 18 months but has only been paid for 6 hours of work per day on weekdays and 5 hours of work per day on weekends. The claimant points to the Administrative Code which states that "Full-time program assignments other than vocational training and school are equivalent to 8 hours a day" [DOC 309.55 (6) (d)]. Therefore, the claimant believes that he is entitled to be paid 8 hours per day and requests $850.00 for back wages. The Board concludes there has been an insufficient showing of negligence on the part of the state, its officers, agents or employes and the claim is not one for which the state is legally liable nor one which the state should assume and pay based on equitable principles.
23. William Sid DuPree of Oshkosh, Wisconsin claims $25,000.00 for compensation under s.
755.05, Stats., for innocent convicts. The claimant was arrested on August 22, 1984, by the Beloit Police Department and charged with misdemeanor battery as a repeater. The case was prosecuted by A.D.A. Kate Buker. The claimant was convicted by a jury and sentenced to three years in prison on September 13, 1987. The claimant appealed his conviction and the case was reversed and remanded in July 1988. The Rock County District Attorney's office did not re-prosecute the claimant and in 1992 the case was dismissed for failure to prosecute. The appeals court found that the trial court had abused its discretion when admitting evidence of the claimant's past convictions. The trial court had ruled that all 23 of the claimant's past convictions were admissible. The appeals court ruled that many of them were extremely old and should not have been admitted. Because there was no evidence collaborating the testimony of either the claimant or his alleged victim, their credibility was the critical issue and the large number of prior convictions admitted into evidence may have influenced the jury and damaged the claimant's credibility. The claimant points to the fact that the trial judge stated on the record that he believed much of the claimant's testimony. The claimant states that he did not commit battery against the alleged victim. He states that she was grabbing at him in an attempt to initiate sexual activity and that he resisted and rejected her advances. The claimant believes that she attempted to have sex with him in order to later accuse him of rape or that she wanted to kill him and claim that she had acted in self defense because he had raped her. The claimant requests the maximum compensation of $25,000. The Board concludes the claimant has not shown by clear and convincing evidence that he was innocent of the crime for which he was imprisoned and, therefore, the claim is denied.
24. Sarah Laughlin of Ellsworth, Wisconsin claims $492.25 for uninsured medical expenses resulting from an accident at the Sellery Hall dormitory at UW-Madison. The fire extinguisher on the seventh floor hall of the dormitory was broken and a piece of metal was protruding from the case. The claimant fell against the case and seriously cut her hand on the protruding metal. Her medical bills totaled $492.25 and were not covered by health insurance. Health insurance is made available to all UW students prior to enrollment. The Board concludes there has been an insufficient showing of negligence on the part of the state, its officers, agents or employes and the claim is not one for which the state is legally liable nor one which the state should assume and pay based on equitable principles.
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25. Dov Jelen of Chicago, Illinois claims $703.95 for uninsured medical expenses resulting from an accident at the UW-Madison Art School. The claimant is an art student at the UW. He was helping unload some large sheets of steel for the Art Department when one of the sheets slid loose and cut the claimant's arm. The wound was very severe and accompanied by much loss of blood. The claimant was taken by ambulance to the UW Hospital Emergency Room, where he received treatment. The claimant does not have health insurance. It is not clear whether or not the claimant was specifically instructed to help unload the metal sheets. However, the claimant is part of a group of students who are granted 24 hour access to the art studio. Students with this access are generally expected to help with the maintenance of the studio and to assist whenever necessary with the operation of the studio. It was in this context that the claimant was assisting with the unloading of the sheet metal and was injured. The Board concludes the claim should be paid in the reduced amount of $350.00 based on equitable principles. The Board further concludes the claim should be paid from University of Wisconsin appropriation s.
20.285 (1)(a), Stats.
The Board concludes:
1. The claims of the following claimants should be denied:
2. Payment of the following amounts to the following claimants is justified under s.
16.007, Stats.:
Dated at Madison, Wisconsin this 25th day of October, 1995.
Timothy Weeden
Senate Finance Committee
Ben Brancel
Assembly Finance Committee
Alan Lee
Representative of the Attorney General
Edward D. Main,
Representative of the Secretary of Administration
Stewart Simonson
Representative of the Governor
State of Wisconsin
Office of the Secretary of State
To the Honorable, the Senate:
Sincerely,
Douglas La follette
Secretary of State
State of Wisconsin
Ethics Board
October 24, 1995
To the Honorable the Senate:
At the direction of s. 13.685(7), Wisconsin Statutes, I am notifying you of changes in the Ethics Board's records of licensed lobbyists and their employers.
Organization's authorization of additional lobbyists:
The following organizations previously registered with the Ethics Board as employers of lobbyists have authorized to act on their behalf these additional licensed lobbyists:
Fire Fighters of Wisconsin, Professional
Strohl, Joseph
PrimeCare Health Plan
Tries, John
RAM Center, Inc.
O'Connor, Alice
Solid Wastes Management Assn, National
Hilbert, Lisa
Organization's termination of lobbyists:
Each of the following organizations previously registered with the Ethics Board as the employer of a lobbyist has withdrawn, on the date indicated, its authorization for the lobbyist identified to act on the organization's behalf.
Manufacturers & Commerce, Wisconsin
Theo, Peter 10/20/95
Milwaukee Brewers Baseball Club
