By: Derek Hawkins//July 11, 2017//
WI Court of Appeals – District I
Case Name: Amalga Composites, Inc., v. Labor Industry Review Commission, et al.
Case No.: 2016AP1445
Officials: Brennan, P.J., Brash and Dugan, JJ.
Focus: Court Error – Factual Findings
Amalga Composites, Inc. (“Amalga”) appeals from an order of the trial court affirming a decision of the Labor and Industry Review Commission (“LIRC”). LIRC affirmed the decision of the Administrative Law Judge (“ALJ”) who held that Nefri S. Gomez-Sandoval (“Gomez-Sandoval”) was entitled to back pay for Amalga’s unreasonable refusal to rehire her following a work-related injury. Gomez-Sandoval was released to full duty work on December 12, 2012. However, Amalga, her employer, did not return her to work until July 29, 2013. Gomez-Sandoval sought back wages for the period between December 12, 2012 and July 28, 2013, under WIS. STAT. § 102.35(3) (Worker’s Compensation unreasonable refusal to rehire).
This court concludes that, a factual finding must be made regarding whether Gomez-Sandoval is, in fact, an undocumented worker or whether LIRC cannot make such a factual finding based on Amalga’s failure to meet its burden of proof, prior to considering whether the Immigration Act bars Gomez- Sandoval’s claim under WIS. STAT. § 102.35(3). This court on review must give LIRC’s factual findings great deference. Therefore, this factual finding is required for our review. If Gomez-Sandoval is not an undocumented worker, then the Immigration Act does not apply in this case and the Immigration Act issues should not be addressed.