In Theresa Payton-Myrick v. LIRC (2016AP2463), the Court of Appeals District I held that the plaintiff was not entitled to further worker’s compensation and disability payments because her disability-causing surgery was not related to a compensable work injury.

Plaintiff Theresa Payton-Myrick was diagnosed with degenerative disc disease and arthritic changes in her spine. While working as an administrative assistant at University of Wisconsin-Milwaukee, Payton-Myrick fell out of her desk chair and sustained several muscle strains. She subsequently received opinions from several doctors, one of whom recommended spinal fusion surgery.

Despite conflicting medical opinions, Payton-Myrick underwent the surgery, which resulted in two procedures and left her arguably disabled. The UW System denied her benefits for the surgeries and subsequent disability. The Labor and Industry Review Commission (LIRC) determined that Payton-Myrick’s muscle strains were a compensable work injury, but the work injury had healed and did not aggravate her preexisting condition enough to necessitate surgery.

The appeals court upheld LIRC’s decision denying Payton-Myrick further worker’s compensation benefits. The court echoed LIRC’s argument that 2017 Wisconsin Supreme Court case Tracie Flug v. LIRC controls the instant case.

In Flug, the Supreme Court held that the worker’s compensation statute (Wis. Stat. § 102.42(1m)) extending benefits to workers who undertake a not medically necessary treatment in good faith does not apply to secondary treatment not related to the compensable injury. In Payton-Myrick’s case, LIRC and the appeals court determined that her surgeries were a result of her preexisting condition and not related to the work injury from falling out of the chair.