Please ensure Javascript is enabled for purposes of website accessibility

Employment – workers’ compensation — competency

By: WISCONSIN LAW JOURNAL STAFF//June 17, 2014//

Employment – workers’ compensation — competency

By: WISCONSIN LAW JOURNAL STAFF//June 17, 2014//

Listen to this article

Wisconsin Court of Appeals

Civil

Employment – workers’ compensation — competency

Linda Stewart appeals a decision of the Labor and Industry Review Commission that: (1) sets aside part of an earlier order of the Commission regarding worker’s compensation, and (2) remands the matter back to the Department of Workforce Development for an additional evidentiary hearing. Stewart contends that the Commission acted outside its authority in ordering the remand because the trial court already ordered the Commission’s earlier order to be reversed — not remanded for further proceedings. Neither party appealed the trial court’s decision; rather, the Commission, acting in response to a letter from counsel for Stewart’s employer, decided that what the trial court meant to do, despite clear language to the contrary, was remand the case for further proceedings. We agree with Stewart that the Commission acted outside its authority and reverse. Not recommended for publication in the official reports.

2013AP1941 Stewart v. Labor and Industry Review Commission et al.

Dist I, Milwaukee County, Van Grunsven, J., Curley, P.J.

Attorneys: For Appellant: Layber, Lynne, Brookfield; For Respondent: Kilpatrick, Steven C., Madison; Kania, David J., Milwaukee; Kania, David J., Milwaukee

Polls

Should Steven Avery be granted a new evidentiary hearing?

View Results

Loading ... Loading ...

Legal News

See All Legal News

WLJ People

Sea all WLJ People

Opinion Digests