By: Derek Hawkins//April 18, 2016//
WI Court of Appeals – District IV
Case Name: Lela M. Operton v. Labor and Industry Review Commission et al.
Case No.: 2015AP1055
Officials: Lundsten, Brennan and Reilly, JJ.
Focus: Statutory Construction
In 2013, our legislature enacted an entirely new statutory ground for the denial of unemployment benefits: “substantial fault.” We are presented in this case with an issue of first impression as to the statutory construction and application of “substantial fault” as that term is defined in WIS. STAT. § 108.04(5g)(a) (2013-14). We set aside the decision of the Labor and Industry Review Commission (LIRC) as it erred in its construction and application of “substantial fault” to the facts presented.
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