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(Download) "Bunker V. Labor And Industry Review Commission" by Wisconsin Court of Appeals # eBook PDF Kindle ePub Free

Bunker V. Labor And Industry Review Commission

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eBook details

  • Title: Bunker V. Labor And Industry Review Commission
  • Author : Wisconsin Court of Appeals
  • Release Date : January 11, 2002
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 74 KB

Description

¶1. The Labor and Industry Review Commission (LIRC) appeals an order reversing its determination that Scott Bunker was ineligible for unemployment insurance benefits under Wis. Stat. § 108.04(5) (1999-2000)*fn1 because Bunker had been discharged for misconduct. The circuit court reversed LIRC's decision upon concluding that Bunker's right to procedural due process was violated because the administrative law judge (ALJ) was biased and the procedures were unfair. LIRC contends that Bunker waived all procedural and evidentiary objections; that even if we consider his objections, there were no errors; and that it correctly decided Bunker was discharged for misconduct. We choose to decide whether the hearing comported with due process and we conclude that it did. We do not address other procedural or evidentiary objections because we conclude Bunker waived them by not making them at the hearing or before LIRC. Finally, giving great weight deference to LIRC's decision, we conclude LIRC correctly determined that Bunker was discharged for misconduct. We therefore reverse the order of the circuit court and remand with instructions to enter an order affirming LIRC's decision.


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