Workers compensation; refusal to rehire
This is a worker’s compensation case that presents the issues of whether an employer improperly refused to rehire an injured employee, and whether the Wisconsin Labor and Industry Review Commission (LIRC) used the correct standard for determining the amount of lost wages due the employee. Unified Management Company, LLC, the employer, appeals the judgment of the circuit court that affirmed LIRC’s decision that found in favor of the employee, Gwendolyn Klay. Unified argues that LIRC erred when it found that Unified refused to rehire Klay without reasonable cause, and when it determined that the maximum amount of lost wages Klay could receive was the amount of her salary at the time of her injury, rather than the salary for the position she should have been hired to fill. Klay cross-appeals the portion of the judgment that determined the amount of weekly wages to which she was entitled. Klay argues that the amount of weekly lost wages she should receive is the amount of wages she was receiving at the time of her injury. LIRC argues that its decision is reasonable in all respects and must be affirmed. This opinion will not be published.
2009AP2412 Unified Management Company LLC v. Wisconsin Labor and Industry Review Commission, et al.
Dist IV, Sauk County, Taggart, J., Per Curiam
Attorneys: For Appellant: Kay, Robert A., Madison; For Respondent: Pfeil, Todd M., Black Earth; Millonzi, Kay A., Black Earth; Rice, David C., Madison