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Frieze, east facade of Wisconsin State Capitol    
Welcome to the website of the Wisconsin Labor and Industry Review Commission.

LIRC is an independent administrative agency which decides appeals in cases involving Unemployment  Insurance (UI),  Worker's Compensation (WC), and  Equal Rights (ER).

Information available at this website includes:  

In Brief - 

ER decisions uploaded 01/29

S.Ct. affirms per curiam Ct,App. decision holding Wis. Stat. 102.57 not preempted by OSHA  10/7

32 WC decisions from March-Sept 2014 uploaded

UI decisions uploaded 09/30

 

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What's New at LIRC and the LIRC website

* October 7, 2014 -- In a per curiam decision today in Sohn Manufacturing and Secura Insurance v. LIRC and Tanya Wetor, 2014 WI 112, __ Wis. 2d __, __ N.W.2d __, an evenly-divided Supreme Court today affirmed the Court of Appeals' published decision (2013 WI App 112, 350 Wis. 2d 469, 838 N.W.2d 131),which in turn affirmed the commission’s decision finding that a worker’s injury was caused by the employer’s violations of an OSHA standard and the safe place statute (Wis. Stat. § 101.11) and ordering the employer to pay an additional 15% under Wis. Stat. § 102.57.

On appeal, the employer argued OSHA preempted the commission's ability to award payments under Wis. Stat. § 102.57. However, the Court of Appeals noted that Congress explicitly preserved worker's compensation laws from preemption through a saving clause in OSHA. It rejected the employer’s argument that § 102.57 constituted “enforcement” of federal workplace safety regulations and OSHA, stating that § 102.57 is rather a worker's compensation law under the OSHA savings clause.

 

[More recent developments...]

 

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