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DEPT. OF WORKFORCE v. LABOR & INDUS. REV.

Appeal No. 2016AP2066.

903 N.W.2d 303 (2017)

2017 WI App 68

WISCONSIN DEPARTMENT OF WORKFORCE DEVELOPMENT, Plaintiff-Appellant, v. WISCONSIN LABOR AND INDUSTRY REVIEW COMMISSION and Kenton Morse, Defendants-Respondents, Riteway Bus Service, Inc., Defendant. Wisconsin Department of Workforce Development, Plaintiff-Appellant, v. Wisconsin Labor and Industry Review Commission, Defendant-Respondent, Kevin Lucey, John Doe Number 1, John Doe Number 2, John Doe Number 3, John Doe Number 4 and Compo Steel Products, Inc., Defendants. Wisconsin Department of Workforce Development, Plaintiff-Appellant, v. Wisconsin Labor and Industry Review Commission, Defendant-Respondent, Benny Nelms, Boys & Girls Club of Greater Milwaukee, Inc. and Milwaukee Public Schools, Defendants.

Court of Appeals of Wisconsin.

Opinion Filed September 12, 2017.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the brief of Daniel LaRoque of Wisconsin Department of Workforce Development, Bureau of Legal Affairs.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of Jeffrey Shampo of Wisconsin Labor and Industry Review Commission and Nicholas Toman of Legal Aid Society of Milwaukee, Inc.

Before Brennan, P.J., Kessler and Brash, JJ.

¶ 1 The Department of Workforce Development (DWD) appeals a circuit court decision affirming the Labor and Industry Review Commission's (LIRC) decision waiving DWD's recovery of erroneously paid unemployment benefits to three claimants. LIRC found, and the circuit court upheld, that pursuant to WIS. STAT. § 108.22(8)(c) (2015...

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