LIRC Review – Worker’s Compensation Benefits

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WI Court of Appeals – District I

Case Name: Conway Freight, Inc., v. Labor and Industry Review Commission, et al.,

Case No.: 2020AP1100

Officials: Brash, C.J., Dugan and White, JJ.

Focus: LIRC Review – Worker’s Compensation Benefits

Conway Freight, Inc./Conway Central Express (Conway Freight) appeals an order of the circuit court affirming a decision from the Labor and Industry Review Commission (LIRC) in which Timothy J. Rothe was awarded worker’s compensation benefits for an occupational injury that resulted in Rothe’s permanent total disability. On appeal, Conway Freight argues that LIRC’s decision must be reversed because the decision changed the causation standard applicable in evaluating occupational injury cases without the authority to do so, and improperly included a non-work related condition in the determination that Rothe was permanently totally disabled. Conway Freight additionally argues that the medical opinion that LIRC relied on in making its decision was speculative and without foundation. Upon review, we affirm.

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Derek A Hawkins is Corporate Counsel, at Salesforce.