DeBoer Transportation, Inc. v. Swenson

¶ 66. {dissenting). The resolution of this case should be a simple matter. The Labor and Industry Review Commission (LIRC) made a finding of fact that deBoer's asserted reason for refusing to rehire Swenson was pretextual. The issue presented by this case is whether there is substantial and credible evidence in the record that supports this finding of pretext.

¶ 67. When reviewing an agency's finding of fact, an appellate court is supposed to search the record for *634reasons to uphold it. Rather than searching for reasons to uphold the agency's finding of fact, the majority scours LIRC's…