Cargill Feed Division/Cargill Malt v. Labor & Industry Review Commission

DYKMAN, PJ.

¶ 35. (dissenting). Once again, the majority has scoured an administrative decision for errors, and having found a harmless one, blows up the whole decision. I continue to disagree with this concept. See Deboer Transp., Inc. v. Swenson, 2010 WI App 54, ¶¶ 21-34, 324 Wis. 2d 485, 781 N.W.2d 709 (Dykman, EJ., dissenting). This time, the majority's methodology is to ignore what the Administrative Law Judge (ALJ) and LIRC did, and focus on something they said. Ultimately, the majority has not changed the result here. On remand, LIRC will excise the words the majority condemns, and…