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HARRISON v. LIRC

No. 93-3279.

187 Wis.2d 491 (1994)

523 N.W.2d 138

George HARRISON, Petitioner-Respondent, v. LABOR & INDUSTRY REVIEW COMMISSION, Respondent-Co-Appellant. FRIENDS PROFESSIONAL STATIONERY, INC., Petitioner-Appellant, v. LABOR & INDUSTRY REVIEW COMMISSION, Respondent.

Court of Appeals of Wisconsin.

Decided September 14, 1994.

Attorney(s) appearing for the Case

On behalf of the petitioner-appellant, Friends Professional Stationery, Inc., the cause was submitted on the briefs of Alan S. Brostoff, attorney at law, of Milwaukee.

On behalf of the respondent-co-appellant, Labor and Industry Review Commission, the cause was submitted on the briefs of James E. Doyle, attorney general, and David C. Rice, assistant attorney general.

On behalf of the petitioner-respondent, George Harrison, the cause was submitted on the brief of John E. Raftery of Hopp, Hodson, Powell & Raftery of Sheboygan.

On behalf of the respondent, Labor and Industry Review Commission, the cause was submitted on the brief of James E. Doyle, attorney general, and David C. Rice, assistant attorney general.

Before Anderson, P.J., Brown and Snyder, JJ.

BROWN, J.

The central issue is whether sworn statements made by George Harrison relating to an age discrimination claim under state law were contrary to his sworn averments and testimony before a federal administrative law judge (ALA) determining his qualifications for social security disability (SSI). A state ALJ ruled that the statements in the two proceedings were contrary to each other and used the principles of judicial

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