01-1519 American Manufacturers Mutual Insurance Co. and Walgreen Company v. Labor and Industry Review Commission

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“Here, LIRC found that American requested that Hernandez schedule an appointment with Dr. Doermann and that Hernandez would not have done so absent that request. The record supports those findings. Based on its findings, LIRC drew the reasonable inference that were it not due to an obligation of her employment at Walgreens, Hernandez would not have returned to Dr. Doermann’s office for an appointment and would not have suffered additional injury. As such, LIRC reasonably determined that Hernandez’s additional injuries are compensable pursuant to Wis. Stat. § 102.03(1)(e).

“We conclude that LIRC’s determination that Hernandez’s injuries are compensable pursuant to Wis. Stat. § 102.03(1)(c)1 and (1)(e) is the most reasonable under the facts of this case. Absent a more reasonable interpretation, we must uphold LIRC’s determination. Zignego, 211 Wis. 2d at 823-24.

We therefore affirm the trial court’s order.”

Recommended for publication in the official reports.

Dist II, Waukesha County, Snyder, J., Nettesheim, P.J.

Attorneys:

For Appellant: Michael J. Hicks, Waukesha; Cori Lynn Prahl, Waukesha; Michelle M. Stoeck, Waukesha

For Respondent: Kelin R. Olson, Milwaukee; Jerome S. Schmidt, Madison