DeBoer Transportation, Inc. v. Swenson

DYKMAN, EJ.

¶ 21. (dissenting). The majority opinion starts off well, explaining that this is an administrative review dependent on the meaning of Wis. Stat. *497§ 102.35(3) (2007-08).1 It quotes the statute. But the train runs off the track at ¶ 13, when the majority uses deBoer's uniform and long-standing practice to interpret "reasonable cause" under the statute. It is not surprising then that, having used an incorrect analysis, the majority reaches the wrong conclusion.

¶ 22. The correct analysis focuses on the plain language of the statute. Wisconsin Stat. § 102.35(3) reads:

Any employer who…