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DEBOER TRANSP., INC. v. SWENSON

No. 2009AP564.

781 N.W.2d 709 (2010)

2010 WI App 54

DEBOER TRANSPORTATION, INC., Plaintiff-Appellant, v. Charles SWENSON and Labor and Industry Review Commission, Defendants-Respondents.

Court of Appeals of Wisconsin.

Opinion Filed March 25, 2010.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of Michael J. Lauterbach of Nash Podvin, Attorneys at Law, S.C., Wisconsin Rapids.

On behalf of the defendants-respondents, the cause was submitted on the briefs of John R. Jokela of John Jokela Law Firm LLC, Wausau, and R. Duane Harlow, assistant attorney general, and J.B. Van Hollen, attorney general.

Before DYKMAN, P.J., LUNDSTEN and HIGGINBOTHAM, JJ.

¶ 1 LUNDSTEN, J.

Charles Swenson worked as a truck driver for deBoer Transportation. The question in this case is whether, under WIS. STAT. § 102.35(3),1 deBoer Transportation illegally refused to rehire Swenson after he recovered from a work-related injury. The Labor and Industry Review Commission concluded that deBoer failed to show "reasonable cause" for its refusal to rehire Swenson, as required by § 102.35(3). We conclude...

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