LIRC Review – Issue Preclusion

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WI Court of Appeals – District I

Case Name: Gregory C. Mallett v. Labor and Industry Review Commission, et al.

Case No.: 2017AP1601

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

Focus: LIRC Review – Issue Preclusion

Gregory C. Mallett, pro se, appeals from an order of the circuit court that reviewed a decision of the Labor and Industry Review Commission (LIRC). LIRC had concluded that Mallett’s latest worker’s compensation claim was procedurally barred or, alternatively, lacking supporting evidence. The circuit court affirmed LIRC’s decision in part, reversed it in part, and remanded the matter to LIRC for further fact-finding. The circuit court determined that a part of Mallett’s claim was not procedurally barred, and that there was at least some evidence of record supporting the non-barred portion. Mallett contends that issue preclusion should not apply; LIRC failed to consider the entire record, which prejudiced him and warrants reversal; and his entire medical history dating back to 1981 should be considered because he claims an occupational disease. We conclude the circuit court’s treatment of LIRC’s decision was appropriate; therefore, 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.