Jarrett v. Labor & Industry Review Commission

¶ 1. The Labor and Industry Review Commission appeals a judgment of the circuit court holding that LIRC misapplied the law by not initially determining whether John Jarrett was a common law independent contractor and remanding for further proceedings. LIRC contends that the circuit court misconstrued Wis. Stat. § 102.07(8)(b) (1993-94) 2 by holding that the initial determination whether a person is an independent contractor in worker's compensation matters is initially determined under the common law, and only then, if applicable, under the criteria in subsec. (8)(b). 3 LIRC claims that the…