01-0095 Millers Mutual Insurance Company, et al. v. Bresina, et al.

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Robert Bresina and the Labor and Industry Review Commission (LIRC) appeal from the circuit court’s order affirming in part and reversing in part LIRC’s decision. Millers Mutual Insurance Company cross-appeals. Bresina and LIRC complain that the circuit court improperly applied Wis. Stat. sec. 102.18(1)(d) (1999-2000) when it reduced LIRC’s determination of permanent disability from ten percent to five percent. In its cross-appeal, Millers Mutual contends that the circuit court erred in finding there was substantial and credible evidence to support LIRC’s finding of causation and disability. We agree with Bresina and LIRC that the circuit court misapplied the statute. We reject Millers Mutual’s assertion that LIRC’s finding was not supported by substantial and credible evidence.

Accordingly, we reverse the appeal and affirm the cross-appeal.

This opinion will not be published.

Dist IV, Dane County, Callaway, J., Per Curiam

Attorneys:

For Appellant: Dean R. Rohde, River Falls

For Respondent: James C. Ratzel, Brookfield