In Daniel White v. LIRC (2017AP1605), the Court of Appeals District II held that Sevenson Environmental Service did not violate Wisconsin worker’s compensation statutes when it refused to rehire an employee after he abandoned his job.

Daniel White injured his back while working for Sevenson and was subsequently placed on “light duty” instead of his usual tugboat operating duties. About a month later, White took a week of authorized leave for a family matter. White asked for another week off, but no one from Sevenson returned his call. White did not return to work for another month. When he returned, Sevenson said they no longer needed him. White claimed Sevenson violated Wis. Stat. § 105.35(3) by not rehiring him after his injury.

The court denied White’s claim for one year’s wages. The court found credible and substantial evidence supported LIRC’s decision that Sevenson did not violate Wis. Stat. § 102.35(3) because White abandoned his job, giving Sevenson “reasonable cause” to refuse to rehire him.