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Statutory Construction

By: Derek Hawkins//April 18, 2016//

Statutory Construction

By: Derek Hawkins//April 18, 2016//

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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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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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