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L&H WRECKING CO., INC. v. LIRC

No. 82-2353.

114 Wis.2d 504 (1983)

L & H WRECKING CO., INC., Plaintiff-Respondent, v. LABOR & INDUSTRY REVIEW COMMISSION, Defendant-Appellant, Craig BROWNFIELD and Continental Casualty Co., Defendants.

Court of Appeals of Wisconsin.

Decided August 9, 1983.

Attorney(s) appearing for the Case

For the defendant-appellant the cause was submitted on the brief of Bronson C. La Follette, attorney general, and Bruce A. Olsen, assistant attorney general.

For the plaintiff-respondent the cause was submitted on the brief of Frederick R. Hardt of Godfrey, Pfeil & Neshek, S.C. of Elkhorn.

Before Scott, C.J., Voss, P.J., and Robert W. Hansen, Reserve Judge.

SCOTT, C.J.

On June 27, 1977, Craig Brownfield injured his back while working at L & H Wrecking Co. He remained temporarily totally disabled until November 9, 1977 when he received medical permission to return to work. While he was recuperating from the injury, L & H terminated his employment because L & H had erroneously concluded that Brownfield's injury would prevent him from fully performing his job. At issue is whether an employer's termination of...

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