2010AP608 Superior Beverages LLC vs. Labor and Industry Review Commission, et al.

By: WISCONSIN LAW JOURNAL STAFF//March 22, 2011//

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Employment
Worker’s compensation; unlawful termination

Superior Beverages, LLC, appeals an order affirming a decision of the Labor and Industry Review Commission. The Commission determined Superior owed lost wages to its former employee, Jerry Axtell, because it terminated him without reasonable cause after he suffered a workplace injury, contrary to Wis. Stat. § 102.35(3). Superior argues it had a valid business reason for terminating Axtell, which amounts to reasonable cause. However, because the Commission reasonably concluded Superior’s business justification was pretextual, we affirm. This opinion will not be published.

2010AP608 Superior Beverages LLC vs. Labor and Industry Review Commission, et al.

Dist III, Douglas County, Thimm, J., Per Curiam

Attorneys: For Appellant: Jones, Parrish J. R., Superior; Routh, Mitch, Superior; For Respondent: Halom, Gary J., Superior; Scherz, Ryan D., Superior

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