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Sufficiency of Evidence

By: Derek Hawkins//August 14, 2018//

Sufficiency of Evidence

By: Derek Hawkins//August 14, 2018//

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WI Court of Appeals – District I

Case Name: Harley-Davidson Motor Company Group, LLC, et al.  v. Labor and Industry Review Commission, et al.

Case No.: 2017AP2284

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

Focus: Sufficiency of Evidence

Harley-Davidson Motor Company Group, LLC and Transportation Insurance Company (collectively, Harley-Davidson) appeal an order of the circuit court affirming a decision of the Labor and Industry Review Commission (LIRC) that found Robert Schulfer incurred an 84.67% hearing loss as a result of his employment at Harley-Davidson.  On appeal, this court reviews LIRC’s decision, not that of the circuit court. See City of Kenosha v. LIRC, 2011 WI App 51, ¶7, 332 Wis. 2d 448, 797 N.W.2d 885. “‘LIRC’s findings of fact are conclusive on appeal so long as they are supported by credible and substantial evidence.’” Michels Pipeline Constr., Inc. v. LIRC, 197 Wis. 2d 927, 931, 541 N.W.2d 241 (Ct. App. 1995) (citation omitted). When we review the sufficiency of credible evidence to support an administrative agency’s decision, we need find only that the evidence is sufficient to exclude speculation or conjecture. See L & H Wrecking Co., Inc. v. LIRC, 114 Wis. 2d 504, 508, 339 N.W.2d 344 (Ct. App. 1983). The reviewing court’s task is to search the record to locate evidence that supports LIRC’s decision, rather than weighing evidence opposed to the decision. See Vande Zande v. DILHR, 70 Wis. 2d 1086, 1097, 236 N.W.2d 255 (1975).

With these standards in mind, we conclude that LIRC’s findings are supported by substantial and credible evidence in the form of multiple medical opinions and pure tone test results. Based on both Dr. Millen’s and Dr. Ubell’s reports, LIRC determined that Schulfer was not faking his hearing loss; thus, ruling out Dr. Nordstrom’s conclusions. LIRC also found that the hearing loss was work-related, relying on Dr. Millen and Dr. Ubell’s reports, as well as finding Schulfer’s testimony before the ALJ to be credible. We affirm.

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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.

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