Waste Management Inc. v. Labor & Industry Review Commission

¶ 1. Waste Management Incorporated and its insurer, Pacific Employers Insurance Company (collectively, Waste Management), appeal an order affirming a worker's compensation decision by the Labor and Industry Review Commission. Waste Management argues the Commission violated its due process rights by holding it liable on a theory that was not raised before the administrative law judge (ALJ). We agree, reverse the order, and remand for a new Commission review.

Background

¶ 2. In March 2003, Timothy Bowe applied for worker's compensation benefits for a severe back injury. The case was ultimately…