Employment – workers’ compensation — adverse parties

Wisconsin Court of Appeals

Civil

Employment – workers’ compensation — adverse parties

A party challenging a worker’s compensation decision by LIRC must name its insurer as a party.

“Xcel objects that the Wisconsin Supreme Court, on direct review of our decision in Miller I, did not hold that all parties bound by the Commission’s order or award are considered adverse. That is a true statement. The supreme court declined to evaluate that rationale, see Miller II, 173 Wis. 2d at 716 n.8, resting its conclusion instead on previous interpretations of the phrase ‘adverse party,’ id. at 716-18. However, Miller I is a published, precedential decision from this court, and we are therefore obligated to follow it. See Cook v. Cook, 208 Wis. 2d 166, 189-90, 560 N.W.2d 246 (1997) (court of appeals may not overrule, modify or withdraw language from its published opinions).”

Reversed and Remanded.

Recommended for publication in the official reports.

2011AP203 Xcel Energy Services, Inc., v. LIRC

Dist. III, Chippewa County, Isaacson, J., Cane, J.

Attorneys: For Appellant: Crom, Timothy S., Bandt, Matthew P., Lake Elmo, MN; For Respondent: Moriarty, Richard B., Madison; Jackson, Steve M., Eau Claire