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Wisconsin court upholds wage award over refusal to rehire injured welder - Business Insurance Skip to content Register for free Search Search Log In Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2026 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2026 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2026 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2026 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Wisconsin court upholds wage award over refusal to rehire injured welder by Louise Esola Claims Disputes , Workers Comp Coverage , Workplace Safety Oct 8, 2026 A Wisconsin appeals court on Tuesday upheld a wage-loss award to a welder whose employer refused to rehire him after a workplace injury despite having another suitable job available. Kevin Warlow injured his left hand in January 2017 while working for Bartelt Custom Automotive Inc., a Milwaukee metal fabrication and machine shop. When he returned after being released without restrictions the following month, he was told that work had slowed and he was being laid off, according to Bartelt Custom Automotive, Inc. v. Labor and Industry Review Commission , filed in the Wisconsin Court of Appeals, District I. Bartelt had filled his welding position and had an opening for a press brake operator. The company did not offer him that job, which he had declined before becoming a welder because he preferred other work. Bartelt argued that Mr. Warlow had to show he applied for rehire and was rejected because of his injury. The court rejected that argument, following earlier precedent requiring an initial showing that the claimant was an employee, sustained a workplace injury and was subsequently denied rehire. The burden then shifts to the employer to establish reasonable cause. The court upheld findings that the available job suited Mr. Warlow’s experience and abilities. He testified that he would have accepted it for financial reasons, and the court said he did not have to inquire about an opening he did not know existed. The court also declined to reduce the award because Mr. Warlow left a subsequent job after learning it was not temporary-to-permanent as advertised. He continued looking for work and obtained another position, supporting the commission’s finding that he acted in good faith to limit his losses. Related News A.M. 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