2010AP1225 Open Hearth Homes LLC v. Labor and Industry Review Commission, et al.

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Employment
Workers compensation; refusal to rehire

The Labor and Industry Review Commission (LIRC) and Randall Cerny appeal from a circuit court order reversing and vacating a LIRC order which held that Open Hearth Homes, LLC, had violated the Wisconsin Worker’s Compensation Act, Wis. Stat. § 102.35(3) (2009-10), by unreasonably refusing to rehire Cerny after he was injured in the course of his employment. The circuit court held that LIRC lacked substantial and credible evidence to support its decision to overturn and substitute the administrative law judge’s (ALJ) order with its own credibility determination. The issue on appeal is whether LIRC reasonably determined that Open Hearth refused to rehire Cerny without reasonable cause after Cerny was injured in the course of his employment. Because LIRC’s memorandum order is inadequate to sustain its ruling, we reverse the circuit court order, set aside LIRC’s order and remand with instructions to send the matter back to LIRC for further proceedings. Not recommended for publication in the official reports.

2010AP1225 Open Hearth Homes LLC v. Labor and Industry Review Commission, et al.

Dist II, Waukesha County, Ramirez, J., Anderson, J.

Attorneys: For Appellant: Hart, David A., III, Madison; For Respondent: Moodie, Robert B., Waukesha

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