Court sides with Wisconsin governor in appointment fight

Breaking Legal News

A Wisconsin appeals court sided with Democratic Gov. Tony Evers on Tuesday, ruling that he had the authority to withdraw appointments made by then-Gov. Scott Walker and approved by Republicans during a lame-duck legislative session.

The state's 3rd District Court of Appeals declined to reinstate the 15 appointees as Republicans wanted. The court said Evers' rescinding of the appointments was not invalidated by a later court ruling that put on hold the decision that allowed him to take the action.

Republican Senate Majority Leader Scott Fitzgerald promised an immediate appeal to the Wisconsin Supreme Court, which is controlled 4-3 by conservatives.

"As the governor has repeatedly said, he acted properly and within the law to withdraw those improper appointments and make his own valid appointments," Evers' spokeswoman Melissa Baldauff said in reaction to the ruling.

Hours before the ruling came out, Fitzgerald said that Republicans were "pretty wild" with anger over Evers' decision to revoke the appointments and may not vote on confirming his Cabinet secretaries while the court battle continues.

The position by the Senate's top Republican highlighted the deep divide between Republicans who control the Legislature and the newly elected governor. The Senate has not acted to confirm any of Evers' Cabinet picks while courts settle legal issues stemming from a lame-duck session in which Republicans pushed through several measures weakening the powers of Evers and Democratic Attorney General Josh Kaul.

"I think some of those Cabinet members are going to be in trouble," Fitzgerald said, declining to name those who may be in greater jeopardy than others.

Evers said he did not see Fitzgerald's comments as retribution over the lame-duck legal fight, but rather "huffing and puffing."

"This will be resolved at some point in time," Evers told reporters. "Whether it's retribution or not, it's not going to work. First of all, the work of the state has to go on whether it's retribution or not."

Evers' Cabinet secretaries are working while their confirmations by the Senate are pending. If they are rejected, they would have to quit working.

Related listings

  • Malaysia court to resume Kim Jong Nam murder trial on Jan. 7

    Malaysia court to resume Kim Jong Nam murder trial on Jan. 7

    Breaking Legal News 11/05/2018

    A Malaysian court on Wednesday set Jan. 7 for two Southeast Asian women charged with murdering the North Korean leader’s half brother to begin their defense, as their lawyers complained that some witnesses were unreachable.A High Court judge in...

  • New campaign seeks support for expanded Supreme Court

    New campaign seeks support for expanded Supreme Court

    Breaking Legal News 10/07/2018

    A couple of liberal Harvard law professors are lending their name to a new campaign to build support for expanding the Supreme Court by four justices in 2021.The campaign, calling itself the 1.20.21 Project and being launched Wednesday, also wants to...

  • Nebraska’s top court: Voters to decide on expanding Medicaid

    Nebraska’s top court: Voters to decide on expanding Medicaid

    Breaking Legal News 09/10/2018

    The Nebraska Supreme Court has ruled that voters will decide in November whether to expand Medicaid in the state.The court’s rejection of a Republican-led lawsuit Wednesday is a victory for advocates who say a vote favoring expansion would ensu...

Does a car or truck accident count as a work injury?

If an employee is injured in a car crash while on the job, they are eligible to receive workers’ compensation benefits. “On the job” injuries are not limited to accidents and injuries that happen inside the workplace, they may also include injuries suffered away from an employee’s place of work while performing a job-related task, such as making a delivery or traveling to a client meeting.

Regular commutes to and from work don’t usually count. If you get into an accident on your way in on a regular workday, it’s probably not considered a work injury for the purposes of workers’ compensation.

If you drive around as part of your job, an injury on the road or loading/unloading accident is likely a work injury. If you don’t typically drive around for work but are required to drive for the benefit of your employer, that would be a work injury in many cases. If you are out of town for work, pretty much any driving would count as work related. For traveling employees, any accidents or injuries that happen on a work trip, even while not technically working, can be considered a work injury. The reason is because you wouldn’t be in that town in the first place, had you not been on a work trip.

Workers’ compensation claims for truck drivers, traveling employees and work-related injuries that occur away from the job site can be challenging and complex. At Krol, Bongiorno & Given, we understand that many families depend on the income of an injured worker, and we are proud of our record protecting the injured and disabled. We have handled well over 30,000 claims for injured workers throughout the state of Illinois.