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LA CROSSE FOOTWEAR v. LIRC

No. 88-0032.

147 Wis.2d 419 (1988)

434 N.W.2d 392

La CROSSE FOOTWEAR, INC., Plaintiff-Respondent, v. LABOR & INDUSTRY REVIEW COMMISSION, Defendant-Appellant, Michael G. THORSEN, Defendant.

Court of Appeals of Wisconsin.

Decided November 3, 1988.

Attorney(s) appearing for the Case

For the defendant-appellant the cause was submitted on the briefs of Robert C. Reed, of Madison.

For the plaintiff-respondent the cause was submitted on the brief of Thomas S.Sleik and Hale, Skemp, Hanson & Skemp, of La Crosse.

Before Gartzke, P.J., Dykman and Sundby, JJ.

SUNDBY, J.

On this appeal we decide that the Labor and Industry Review Commission, acting under sec. 108.09(6)(c), Stats., may on its own motion set aside a decision of a department administrative law judge on grounds of mistake of law. We also decide that LIRC correctly construed sec. 108.02(26), Stats., defining wages, to include in Thorsen's base-period wages the 1984 profit-sharing distribution paid to him by his employer, La Crosse Footwear, Inc. We therefore...

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