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UNITED PARCEL SERVICE, INC. v. LUST

No. 96-0137.

208 Wis.2d 306 (1997)

560 N.W.2d 301

UNITED PARCEL SERVICE, INC., d/b/a United Parcel Oshkosh, and Liberty Mutual Insurance Company, Plaintiffs-Appellants, v. James LUST and Labor & Industry Review Commission, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided January 29, 1997.

Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants, the cause was submitted on the briefs of Thomas W. Bertz, of Anderson, Shannon, O'Brien, Rice & Bertz of Stevens Point.

On behalf of the defendant-respondent, James Lust, the cause was submitted on the brief of Anthony J. Utschig, of Bollenbeck, Rowland, Utschig & Fyfe, S.C. of Appleton.

On behalf of the defendant-appellant, LIRC, the cause was submitted on the brief of James E. Doyle, attorney general, and Monica Burkert-Brist, assistant attorney general.

Before Brown, Nettesheim and Anderson, JJ.

NETTESHEIM, J.

United Parcel Service, Inc. (UPS) appeals from a circuit court order which affirmed a Labor and Industry Review Commission (LIRC) decision awarding workers' compensation benefits to James Lust for physical injury aggravated by job-related stress.1 On appeal, UPS argues that: (1) LIRC exceeded its statutory authority by awarding benefits on a basis not raised in the prior proceedings before the administrative law judge (ALJ...

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