An in-home caregiver providing services under the long-term support community options waiver program is an employee of the County for worker’s compensation purposes.
“‘Where there are two conflicting views of the evidence, each of which may be sustained by substantial evidence, it is for the hearing examiner to determine which view of the evidence it wishes to accept.’ Kitten v. DWD, 2001 WI App 218, ¶19, 247 Wis. 2d 661, 634 N.W.2d 583, aff’d, 2002 WI 54, 252 Wis. 2d 561, 644 N.W.2d 649. We will sustain an agency’s conclusion of law even if an alternative view is just as reasonable or even more reasonable. Brown, 267 Wis. 2d 31, ¶19. The Commission’s findings of fact are supported by credible evidence, and its legal conclusions based upon those findings are reasonable.”
Recommended for publication in the official reports.
2009AP1845 County of Barron v. LIRC
Dist. III, Barron County, Babbitt, J., Brunner, J.
Attorneys: For Appellant: Duplessie, Richard D., Eau Claire; Steffes, Ryan, Eau Claire; For Respondent: Moriarty, Richard B., Madison; Whitley, Jason W., Amery