Employment — unemployment compensation — misconduct

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Wisconsin Court of Appeals

Civil

Employment — unemployment compensation — misconduct

The Labor and Industry Review Commission (“LIRC”) appeals from a circuit court order reversing LIRC’s decision to deny David A. Walter’s claim for unemployment insurance benefits. LIRC concluded that Walter was not entitled to benefits because his employer, Dean Foods of Wisconsin and Dean Foods of Wisconsin, LLC (collectively “Dean Foods”), terminated his employment for misconduct within the meaning of Wis. Stat. § 108.04(5) (2009-10). The circuit court, applying only due weight deference to LIRC’s decision, disagreed. We conclude that LIRC’s decision is entitled to great weight deference, and, applying that standard ourselves, uphold LIRC’s decision. As such, we reverse the circuit court. Not recommended for publication in the official reports.

2011AP2899 Walter v. Labor and Industry Review Commission, et al.

Dist I, Milwaukee County, Siefert, J., Brennan, J.

Attorneys: For Appellant: Castelaz, Kim T., Madison; For Respondent: Brown, Stephanie M., Milwaukee