Court Error – Factual Findings

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WI Court of Appeals – District I

Case Name: Amalga Composites, Inc., v. Labor Industry Review Commission, et al.

Case No.: 2016AP1445

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

Focus: Court Error – Factual Findings

Amalga Composites, Inc. (“Amalga”) appeals from an order of the trial court affirming a decision of the Labor and Industry Review Commission (“LIRC”). LIRC affirmed the decision of the Administrative Law Judge (“ALJ”) who held that Nefri S. Gomez-Sandoval (“Gomez-Sandoval”) was entitled to back pay for Amalga’s unreasonable refusal to rehire her following a work-related injury. Gomez-Sandoval was released to full duty work on December 12, 2012. However, Amalga, her employer, did not return her to work until July 29, 2013. Gomez-Sandoval sought back wages for the period between December 12, 2012 and July 28, 2013, under WIS. STAT. § 102.35(3) (Worker’s Compensation unreasonable refusal to rehire).

This court concludes that, a factual finding must be made regarding whether Gomez-Sandoval is, in fact, an undocumented worker or whether LIRC cannot make such a factual finding based on Amalga’s failure to meet its burden of proof, prior to considering whether the Immigration Act bars Gomez- Sandoval’s claim under WIS. STAT. § 102.35(3). This court on review must give LIRC’s factual findings great deference. Therefore, this factual finding is required for our review. If Gomez-Sandoval is not an undocumented worker, then the Immigration Act does not apply in this case and the Immigration Act issues should not be addressed.

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.