Workers’ Compensation Law-Administrative Review

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WI Court of Appeals – District III

Case Name: Paul V. Farmer, Inc. v. Labor and Industry Review Commission

Case No.: 2023AP001981

Officials: Stark, P.J., Hruz and Gill, JJ.

Focus: Workers’ Compensation Law-Administrative Review

Paul V. Farmer, Inc., and its insurer, Western National Mutual Insurance Company, appealed a decision by the Wisconsin Labor and Industry Review Commission (LIRC), which granted worker’s compensation benefits to James C. Rieder for a back injury. Rieder, a former crane operator, injured his back in June 2019 while breaking down a crane at work. He was later unable to work due to ongoing pain and was recommended for permanent work disability.

Initially, an administrative law judge (ALJ) denied Rieder’s claim, finding his injury to be temporary. However, LIRC reversed this decision, determining that Rieder was permanently and totally disabled. LIRC credited Rieder’s testimony and medical opinion from his physician, which contradicted the ALJ’s assessment. LIRC found that Rieder’s activities, such as fishing and traveling, did not exceed his physical restrictions.

Farmer appealed the LIRC decision, arguing that the findings were not supported by substantial evidence and that LIRC acted outside its authority. The circuit court upheld LIRC’s decision, finding it supported by substantial evidence. On appeal, the court emphasized that LIRC’s findings on disability were factual determinations, which are conclusive if supported by credible evidence.

Affirmed.

Decided 02/04/25

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