Four independent medical exams challenged the officer's injury claims – and the board sided with them
A Wisconsin appeals court ruled that a pension board can reject an independent hearing examiner's recommendation when denying an employee's disability retirement claim.
The decision, handed down on March 18, 2026, by the Wisconsin Court of Appeals, affirmed the denial of Duty Disability Retirement benefits to Benjean F. Lara, a 17-year veteran of the Milwaukee Police Department who was injured on the job in September 2019.
Lara hit his head while working at an MPD facility and was treated for a concussion. He was later evaluated by a range of specialists and began ongoing treatment with Dr. Gerald Nora, a physician specializing in brain injury rehabilitation, who treated him for a mild traumatic brain injury tied to the workplace incident.
In April 2021, Lara applied for duty disability retirement benefits under the Milwaukee City Charter, which provides benefits to employees permanently and totally incapacitated as the result of an on-duty injury. Four independent medical examinations were conducted between November 2019 and April 2022. Each reached the same conclusion: Lara was not disabled as a result of the workplace injury. The explanations varied – one examiner pointed to a mood disorder, another to pre-existing psychological factors, a third to possible malingering, and a fourth to non-credible symptom reporting – but the bottom line was consistent.
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