Dalco Metal Products, Inc. v. Labor & Industry Review Commission

This appeal raises the issue of whether a "refusal to rehire” under sec. 102.35(3), Stats., occurs when an employee is injured on the job, returns to that same shift following treatment, and is fired less than a week later due to the injury. We conclude that: (1) the factual findings of the Labor and Industry Review Commission (the commission) are supported by credible and substantial evidence; and (2) a refusal to rehire has occurred. Therefore, we reverse the judgment of the trial court which set aside the commission’s award.

On September 7, 1983, James Schmidt, a shear operator for Dalco…