01-2748 Matis v. Labor and Industry Review Commission, et al.

By: dmc-admin//May 13, 2002//

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Harold Matis appeals a judgment affirming a decision of the Labor and Industry Review Commission that rejected his claim that he was terminated from Purpose Extruded Aluminum (PEACO) because of his age. He argues that the trial court should have taken judicial notice of a work sharing agreement between the United States Equal Employment Opportunity Commission and the Equal Rights Division of the Wisconsin Department of Workforce Development. He contends that this agreement superimposes federal substantive and procedural law on the commission, modifying the burden of proof and this court’s deferential standard of review. He also argues that the evidence established that PEACO’s reasons for discharging him were pre-textual as a matter of law.

We reject these arguments and affirm the judgment.

This opinion will not be published.

Dist III, Marathon County, Brady, J., Per Curiam

Attorneys:

For Appellant: Roy T. Traynor, Wausau

For Respondent: David C. Rice, Madison; David Mahler, Schofield

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