Xcel Energy Services, Inc. v. Labor & Industry Review Commission

¶ 1. This is a review of a published opinion of the court of appeals1 that reversed a decision of the Chippewa County Circuit Court,2 which in turn had affirmed an order of the Labor and Industry Review Commission (LIRC) awarding worker's compensation benefits to John Smoczyk for his permanent total disability that resulted from a work-related injury during his employment by Xcel Energy Services, Inc. Three issues are presented. First, Xcel claims that the court of appeals erred when it concluded that the circuit court was required to dismiss Xcel's complaint for lack of competency based on…