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DALCO METAL PRODUCTS v. LIRC

No. 87-1322.

142 Wis.2d 595 (1987)

419 N.W.2d 292

DALCO METAL PRODUCTS, INC., Plaintiff-Respondent, v. LABOR & INDUSTRY REVIEW COMMISSION, Defendant-Appellant, James D. SCHMIDT, Defendant.

Court of Appeals of Wisconsin.

December 16, 1987.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Donald J. Hanaway, attorney general and Stephen M. Sobota, assistant attorney general, with oral argument by Stephen M. Sobota.

On behalf of the plaintiff-respondent, the cause was submitted on the briefs and oral argument of Richard H. Cain, of Fontana.

Before Scott, C.J., Brown, P.J., and Nettesheim, J.

SCOTT, C.J.

This appeal raises the issue of whether a "refusal to rehire" under sec. 102.35(3), Stats., occurs when an employee is injured on the job, returns to that same shift following treatment, and is fired less than a week later due to the injury. We conclude that: (1) the factual findings of the Labor and Industry Review Commission (the commission) are supported by credible and substantial evidence; and (2) a refusal to rehire has occurred. Therefore, we reverse...

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