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GREAT NORTHERN CORP. v. LIRC

No. 94-0848.

189 Wis.2d 313 (1994)

525 N.W.2d 361

GREAT NORTHERN CORPORATION, Plaintiff-Appellant, v. LABOR & INDUSTRY REVIEW COMMISSION and Kent W. Nelson, Defendants-Respondents. GREAT NORTHERN CORPORATION, Plaintiff-Appellant, v. LABOR & INDUSTRY REVIEW COMMISSION and Scott R. Randall, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided November 16, 1994.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant Great Northern Corporation, the cause was submitted on the brief of Charles H. Constantine of Constantine, Christensen & Krohn, S.C. of Racine.

On behalf of the defendant-respondent Labor and Industry Review Commission, the cause was submitted on the brief of James E. Doyle, attorney general, and Michelle L. Ramirez, assistant attorney general.

On behalf of the defendant-respondent Scott R. Randall, the cause was submitted on the brief of Robert T. Ward of Schiro & Ward of Milwaukee.

On behalf of the defendant-respondent Kent W. Nelson, the cause was submitted on the brief of John A. Becker of Becker Law Office of Racine.

Before Brown, Nettesheim and Snyder, JJ.

BROWN, J.

These two cases are consolidated actions involving § 102.35(3), STATS., prohibiting compensable work-related injuries as a basis for discharge. The issue is whether an employer can carry out an attendance policy which includes absences due to work-related injuries as part of the total number of absences allowed before termination. We agree with the Labor Industry and Review Commission (LIRC) that when a work-related injury is used in part as a basis...

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