CW: Attempted Suicide
The Supreme Court of Wisconsin has decided in favor of an insurer in a case where a man was gored by a bull while working in his employer's livestock yard. The case is Graef v. Cont'l Indem. Co., 2021 WI 45, 397 Wis.2d 75, 959 N.W.2d628.
In 2012, Francis Graef was working at the livestock yard at Equity Livestock when a bull in his care gored him, causing physical injuries and depression. Graef was entitled to workers' compensation benefits through his employer's insurance carrier Continental Indemnity Company.
For the next three years, Continental paid for Graef's antidepressant medication. In 2015, Continental ended the payments. Graef could not afford his antidepressant prescription out of pocket, so after his insurance stopped covering it he could not pick up his medication. Two months later, Graef attempted suicide by gunshot. He survived the attempt.
In 2017, Graef filed a tort action in circuit court against Continental seeking damages for the suicide attempt, medical expenses, and pain and suffering, claiming that the insurance company was "negligent in failing to continue to authorize and pay for" his duloxetine antidepressant prescription, which resulted in his attempted suicide. He alleged that if he had the monetary means to purchase the prescription, the suicide attempt would never have happened.
Additionally, Graef claimed that Continental, "by Wisconsin Statute [ch.] 102 was responsible for paying and authorizing worker's compensation medical, prescription, and indemnity payments [***631] to [Graef} for injuries sustained on November 1, 2012."
Continental moved for summary judgment seeking dismissal without prejudice, asserting that Graef brought his claim in the wrong forum because the workers' compensation act provided an exclusive remedy.
The circuit court granted Graef's claim but on appeal, Continental won out. The appellate court reversed the circuit court's decision and remanded with directions for the court to grant summary judgment to Continental. The Wisconsin Supreme Court took the case.
The Wisconsin Supreme Court determined that Graef clearly sustained his initial injury on the job through no fault of his own, meaning that he was entitled to workers' compensation benefits and the lawsuit was seeking a payout for negligence which is a different allegation altogether.
Editor's Note: Although we often hear about workplace injuries, when a worker is injured in a workplace it is often the first time they experience working with the workers' compensation system. A worker will likely need guidance to figure out how to successfully maneuver the intricate system. Properly educating workers will prevent fruitless litigation and help workers to receive all of the care and compensation they need for their workplace injury.