Wisconsin Department of Workforce Development v. Wisconsin Labor & Industry Review Commission

1 22.

I dissent because the majority affords undue deference to LIRC's *198interpretation of Wis. Stat. § 108.04(5)(e), and in doing so, adopts an incorrect interpretation of the statute.

¶ 23. To begin, the majority incorrectly affords LIRC's interpretation "due weight" deference. I believe de novo review is appropriate because the statutory language in question is new and the correct interpretation of this language is an issue "of first impression." See Milwaukee Cty. v. LIRC, 2014 WI App 55, ¶ 16, 354 Wis. 2d 162, 847 N.W.2d 874 (citation omitted). As the majority points out, the statute "has…