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Erickson v. Labor and Industry Review Commission8/3/2005
ecision to grant Erickson's requests for light-duty work, rather than terminating his employment for refusing to perform his regular job duties, was proof of a perceived disability under WIS. STAT.§ 111.32(8)(c).
The hearing examiner concluded that Erickson did not establish a perceived disability because:
(1) he failed to establish what his condition actually was, (2) he failed to establish that anyone at Quad Graphics formed a conclusion regarding what his condition actually was, and (3) the only clear evidence about an agent for Quad Graphics forming an opinion regarding Mr. Erickson's condition is the credible evidence that both [Wolfe and Litschauer] concluded after receiving [the independent medical examiner's] report that Mr. Erickson did not have a permanent partial disability as that is defined by the Workers Compensation Law.
We agree. Erickson failed to establish that Quad perceived him as having an impairment that made achievement unusually difficult or limited his capacity to work and then discriminated against him on that basis. See City of La Crosse Police & Fire Comm'n, 139 Wis. 2d at 762, 766.
CONCLUSION
We conclude that Erickson has failed to meet his burden of proof. He produced no competent medical evidence as to the nature, extent, and permanency of his back injury. Further, he failed to establish that Quad perceived him as disabled as that term is defined in WIS. STAT.§ 111.32(8). LIRC's decision is consistent with the statute and underlying legislative intent, and it provides a rational basis for the result. Accordingly, we affirm the judgment of the circuit court, which upheld LIRC's decision. See Harnischfeger Corp., 196 Wis. 2d at 662.
By the Court.--Judgment affirmed.
Not recommended for publication in the official reports.
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