2010AP1997 Advanced Transmission Service LLC v. Labor and Industry Review Commission, et al.

Employment
Workers compensation; refusal to rehire

Advanced Transmission Service, LLC, (ATS) appeals a judgment affirming a decision of the Labor and Industry Review Commission. The Commission determined ATS unreasonably refused to rehire Bradley Woodford following a workplace injury, contrary to Wis. Stat. § 102.35(3). ATS argues it had reasonable cause for the refusal to rehire because Woodford asked ATS’s owner to participate in a fraudulent scheme, and ATS did not want to employ someone who would “propose and perpetuate a fraud.” However, the Commission determined that ATS’s refusal to rehire Woodford was not actually motivated by the alleged fraud, and substantial and credible evidence supports the Commission’s finding. In the alternative, ATS argues it had no continuing obligation to rehire Woodford four months after it terminated him because he did not present himself for rehire. ATS forfeited this argument by failing to raise it before the Commission. We therefore affirm. This opinion will not be published.

2010AP1997 Advanced Transmission Service LLC v. Labor and Industry Review Commission, et al.

Dist III, Eau Claire County, Stark, J., Per Curiam

Attorneys: For Appellant: Dittmar, Carol S., Chippewa Falls; For Respondent: Moriarty, Richard B., Madison; Jackson, Steve M., Eau Claire

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