Legal Opinion

Wise v. Labor & Indus. Review Comm'n

Court of Appeals of Wisconsin

Decided December 26, 2018No. Appeal No. 2017AP2191Published

1Opinion of the CourtGundrum, J.

¶1 Jacqueline Wise appeals from the circuit court's order affirming the Labor and Industry Review Commission's decision denying her worker's compensation claim. Because we conclude the circuit court erred in affirming the Commission's decision, we now reverse.

Background

¶2 In January 2013, Wise applied for a caregiver position with Grand Horizons Kimberly, LLC. On February 1, she underwent a pre-employment physical examination that included testing of mobility, balance, and weight lifting. The Grand Horizons' nurse who examined Wise noted no indications of pain, shortcomings in her performance…

2Cases cited7 opinions

  1. Princess House, Inc. v. Department of Industry, Labor & Human RelationsWisconsin Supreme Court · 1983
  2. Jenkins v. SabourinWisconsin Supreme Court · 1981
  3. Swiss Colony, Inc. v. Department of Industry, Labor & Human RelationsWisconsin Supreme Court · 1976
  4. Hegwood v. Town of Eagle Zoning Board of AppealsCourt of Appeals of Wisconsin · 2013
  5. Cargill Feed Division/Cargill Malt v. Labor & Industry Review CommissionCourt of Appeals of Wisconsin · 2010

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