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GTC AUTO PARTS v. LIRC

No. 92-3184.

184 Wis.2d 450 (1994)

516 N.W.2d 393

GTC AUTO PARTS and American Mutual Insurance Co., Plaintiffs-Appellants-Petitioners, v. LABOR & INDUSTRY REVIEW COMMISSION and James S. Bartosh, Defendants-Respondents.

Supreme Court of Wisconsin.

Decided June 7, 1994.

Attorney(s) appearing for the Case

For plaintiffs-appellants-petitioners there were briefs by Michael C. Frohman, and Kasdorf, Lewis & Swietlik, S.C., Milwaukee and oral argument by Michael C. Frohman.

For the defendant-respondent (LIRC) the cause was argued by Stephen M. Sobota, assistant attorney general, with whom on the brief was James E. Doyle, attorney general.

For the defendant-respondent (Bartosh) there was a brief by Thomas A. Siedow and Carroll, Parroni, Postlewaite, Graham, Siedow & Jackson, S.C., Eau Claire and oral argument by Thomas A. Siedow.

Amicus curiae brief was filed by Joseph P. Danas, Jr. and J. Patrick Condon and Borgelt, Powell, Peterson & Frauen, S.C. of Wisconsin Insurance Alliance and Wisconsin Manufacturers and Commerce.

STEINMETZ, J.

This case presents one issue for review: Does the Labor & Industry Review Commission (LIRC) have the authority to order an employer to pay temporary total disability (TTD) benefits indefinitely to an injured employee without regard to the employee's medical condition? We hold that LIRC does not have this authority. Therefore, we reverse the decision of the court of appeals and remand the cause to the circuit court. We direct the circuit court to...

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