Polley v. Gopher Bearing Co.

I respectfully dissent because (1) the Commissioner’s conclusion of comparability is supported by the record and applicable *780law, and (2) Polley failed to give her employer notice of the complained-of conditions.

First, I find no basis either in the record or in existing law to reverse the Commissioner’s conclusion of comparability. The record demonstrates the position given to Polley upon her return1 was comparable in terms of duties, hours, and pay to the position she held prior to her leave. Although the general manager admitted Pol-ley’s new job responsibilities were different, he testified…