Bosco v. Labor & Industry Review Commission

1. This appeal is brought under the Worker's Compensation Act; specifically at issue is the interpretation of Wis. Stat. § 102.23(5) (2001-02).1 A.T. Polishing Company (A.T.) and Shelby Insurance Company (Shelby) appeal a circuit court order reversing the Labor & Industry Review Commission's (LIRC's) conclusion that it was reasonable under § 102.23(5) for Shelby to have delayed making payments to A.T.'s employee Cesare Bosco even though he had an undisputed permanent total disability due to occupational exposure occurring while an employee at A.T. We affirm the circuit court's reversal and its decision to remand this case for further proceedings before the Department of Workforce Development, Worker's Compensation Division. 2. Facts. The following facts are taken from LIRC's findings of fact. These facts are undisputed and are conclusive on appeal so long as they are supported by credible and substantial evidence (factual findings include the drawing of one of several reasonable inferences from undisputed facts). See Beverly Enters. v. LIRC, 2002 WI App 23, 16, 250 Wis. 2d 246, 640 N.W.2d 518.