By: WISCONSIN LAW JOURNAL STAFF//June 17, 2014//
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 Not recommended for publication in the official reports.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