Operton v. Labor & Industry Review Commission

¶ 1. In 2013, our legislature enacted an entirely new statutory ground for the denial of unemployment benefits: "substantial fault." We are presented in this case with an issue of first impression as to the statutory construction and application of "substantial fault" as that term is defined in Wis. Stat. § 108.04(5g)(a) (2013-14).1 We set aside the decision of the Labor and Industry Review Commission (LIRC) as it erred in its construction and application of "substantial fault" to the facts presented.

Statement of Facts

¶ 2. Lela Operton worked as a full-time service clerk for Walgreens from…