Due Process Violation

By: Derek Hawkins//June 9, 2021//

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WI Court of Appeals – District I

Case Name: Bartelt Custom Automotive, Inc., v. Labor and Industry Review Commission, et al.,

Case No.: 2020AP800

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

Focus: Due Process Violation

Bartelt Custom Automotive, Inc. (BCA), appeals an order of the circuit court affirming an order of the Labor and Industry Review Commission (LIRC) which found that BCA failed to provide Kevin Warlow with suitable employment following a work-related injury, in violation of WIS. STAT. § 102.35(3) (2019-20). BCA argues that LIRC’s determination, which reversed the decision of an Administrative Law Judge (ALJ), violated its due process rights because LIRC made a witness credibility determination without having the benefit of the ALJ’s personal impressions of the witnesses. We agree. Accordingly, we reverse and remand the matter to LIRC for a new hearing.

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Derek A Hawkins is Associate Corporate Counsel, IP at Amazon.

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