Legal Opinion

Payton-Myrick v. Labor & Indus. Review Comm'n

Court of Appeals of Wisconsin

Decided August 28, 2018No. Appeal No. 2016AP2463Published

1Per curiam

¶ 1 The Labor and Industry Review Commission appeals from an order of the circuit court that set aside the Commission's decision-that Theresa L. Payton-Myrick was not entitled to further worker's compensation and disability payments-and remanded the matter to the Commission for further fact-finding. The Commission argues that the circuit court erred in considering Payton-Myrick's argument that her claim was governed by WIS. STAT. § 102.42(1m) (2015-16)1 because Payton-Myrick had forfeited that argument when she failed to raise it before the Commission and only raised it in the circuit court…

2Cases cited7 opinions

  1. State v. NdinaWisconsin Supreme Court · 2009
  2. Xcel Energy Services, Inc. v. Labor & Industry Review CommissionWisconsin Supreme Court · 2013
  3. Honthaners Restaurants, Inc. v. Labor & Industry Review CommissionCourt of Appeals of Wisconsin · 2000
  4. Bunker v. Labor & Industry Review CommissionCourt of Appeals of Wisconsin · 2002
  5. Wehr Steel Co. v. Department of Industry, Labor & Human RelationsWisconsin Supreme Court · 1982

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