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Sufficiency of Evidence

By: Rick Benedict//April 4, 2017//

Sufficiency of Evidence

By: Rick Benedict//April 4, 2017//

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WI Court of Appeals – District I

Case Name: Wisconsin Bell, Inc. v. Labor and Industry Review Commission, et al

Case No.: 2016AP355

Officials: Brennan, P.J., Kessler and Brash, JJ.

Focus: Sufficiency of Evidence

Wisconsin Bell, Inc., appeals an order of the circuit court remanding the decision of the Labor and Industry Review Commission (LIRC) based on the sufficiency of the evidence. Respondent Charles E. Carlson filed two disability discrimination claims against his former employer, Wisconsin Bell, alleging that Wisconsin Bell had suspended him without pay in 2010 and subsequently terminated his employment in 2011 because of his disability, bipolar disorder, in violation of the Wisconsin Fair Employment Act (WFEA). See generally WIS. STAT. § 111.31. LIRC found that Wisconsin Bell had not violated the WFEA with regard to Mr. Carlson’s suspension, but determined that there was a violation with regard to Mr. Carlson’s termination. Wisconsin Bell then filed a petition for judicial review of LIRC’s decision with the Milwaukee County Circuit Court. The circuit court found LIRC’s analysis of the issues and facts of the case to be “incomplete” and remanded it to LIRC to further analyze and weigh the evidence. Wisconsin Bell now appeals that decision, arguing that LIRC’s theory of causation, referred to as the “inference method,” is not a reasonable interpretation of the WFEA, and thus LIRC’s decision should be reversed. In the alternative, if the inference method is found by this court to be reasonable, Wisconsin Bell asserts that LIRC’s decision should be reversed as a matter of law because there is insufficient evidence to support the imposition of liability using that method.

We disagree with Wisconsin Bell. Upon review, we find the inference method of causation to be a reasonable interpretation of the WFEA by LIRC, and further, that the evidence in the record is sufficient to support LIRC’s findings and decision. We therefore reverse the circuit court, and affirm LIRC.

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