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LIRC Review – Abuse of Discretion

By: Derek Hawkins//April 2, 2019//

LIRC Review – Abuse of Discretion

By: Derek Hawkins//April 2, 2019//

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WI Court of Appeals – District I

Case Name: Tamara Vallier v. Labor and Industry Review Commission, et al.

Case No.: 2018AP936

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

Focus: LIRC Review – Abuse of Discretion

Tamara Vallier appeals an order of the circuit court, affirming a decision of the Labor and Industry Review Commission (LIRC), finding that Vallier is not entitled to worker’s compensation benefits. Vallier also contends that LIRC exceeded its authority by basing its decision on its erroneous factual finding that Vallier’s first report of neck pain was on December 22, 2010, to Dr. White, rather than on December 7, 2010, to Dr. Park. LIRC concedes the error, but contends that it was not material to its decision. Based on our reading of LIRC’s decision, we agree.

The challenged finding was not material because LIRC’s decision centered on its credibility determinations. LIRC found credible Dr. Lyons’s opinion that Vallier’s work incident could not have created the impact necessary to cause Vallier’s cervical spine herniation. Moreover, LIRC disregarded the other medical opinions because LIRC concluded that Vallier’s failure to report her August 2010 visit to her primary care doctor for right shoulder pain precluded her physicians from rendering accurate medical opinions about the cause of Vallier’s cervical spine condition. Neither finding related to when Vallier first reported her neck pain. We conclude that LIRC did not exceed its authority in rendering its decision. We affirm.

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.

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