Narrative Opinion Summary
In this case, the appellant contested a circuit court ruling that upheld the Labor and Industry Review Commission's (LIRC) decision regarding his employment status with Sevenson Environmental Service. The appellant, a union member working as a tugboat operator, sustained a back injury and was placed on light duty. Following a leave of absence due to a family matter, he failed to return to work or communicate with the employer for an extended period, resulting in Sevenson not rehiring him. The administrative law judge initially ruled in favor of the appellant, awarding lost wages. However, LIRC reversed this decision, determining that the appellant had abandoned his job, and thus Sevenson's refusal to rehire was justified under WIS. STAT. 102.35(3), as suitable work was available. The circuit court deferred to LIRC's findings, leading to an appeal. The appellate review affirmed LIRC's decision, emphasizing that the factual findings were supported by credible and substantial evidence, and the appellant's actions constituted job abandonment. The legal conclusions of LIRC were reviewed de novo, with due weight given to the agency's expertise. The court found no violation of the statutory rehiring obligation and affirmed the order, concluding the case without publication.
Legal Issues Addressed
Employer's Obligation to Rehire Under WIS. STAT. 102.35(3)subscribe to see similar legal issues
Application: Sevenson's refusal to rehire White after his injury was deemed reasonable because he had abandoned his job.
Reasoning: Sevenson’s refusal to rehire White was deemed reasonable since White had abandoned his job.
Reasonable Cause for Not Rehiring Under WIS. STAT. 102.35(3)subscribe to see similar legal issues
Application: The determination of reasonable cause for not rehiring involves a mixed question of fact and law, where White's actions indicated job abandonment.
Reasoning: The critical issue is whether LIRC's finding that White abandoned his job is supported by credible and substantial evidence, which would provide reasonable cause for Sevenson's refusal to rehire him.
Standard of Review for LIRC Decisionssubscribe to see similar legal issues
Application: LIRC's decision is reviewed directly, with factual findings deemed conclusive if supported by credible and substantial evidence.
Reasoning: LIRC's decision is reviewed directly, not through the circuit court, and its factual findings are conclusive if supported by credible and substantial evidence according to WIS. STAT. 102.23(6).