Frank Arms v. Labor and Industrial Review Commission
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COURT OF APPEALS DECISION DATED AND FILED December 28, 2010 A. John Voelker Acting Clerk of Court of Appeals Appeal No. NOTICE This opinion is subject to further editing. If published, the official version will appear in the bound volume of the Official Reports. A party may file with the Supreme Court a petition to review an adverse decision by the Court of Appeals. See WIS. STAT. § 808.10 and RULE 809.62. 2009AP2843 STATE OF WISCONSIN Cir. Ct. No. 2008CV17400 IN COURT OF APPEALS DISTRICT I FRANK ARMS, PLAINTIFF-APPELLANT, V. LABOR AND INDUSTRIAL REVIEW COMMISSION, ACTION EXPRESS, INC. AND UNITED WISCONSIN INSURANCE CO., DEFENDANTS-RESPONDENTS. APPEAL from an order of the circuit court for Milwaukee County: MAXINE A. WHITE, Judge. Affirmed. Before Fine, Kessler and Brennan, JJ. ¶1 PER CURIAM. Frank Arms appeals a circuit court order affirming a decision of the Labor and Industry Review Commission. Arms contends that the Commission erred in concluding that he did not sustain a compensable low back injury arising out of his employment on July 25, 2005. We affirm. No. 2009AP2843 ¶2 When an appeal is taken from a circuit court s order affirming or reversing an order of the Commission, we review the decision of the Commission, not the decision of the circuit court. See West Bend Co. v. LIRC, 149 Wis. 2d 110, 117, 438 N.W.2d 823, 827 (1989). Our scope of review is identical to that of the circuit court. Id., 149 Wis. 2d at 117, 438 N.W.2d at 826 827. Both the circuit court and this court owe deference to the fact findings of the [C]ommission [and its] findings of fact are conclusive if there is any credible evidence to support those findings. Id., 149 Wis. 2d 117 118, 438 N.W.2d at 827. Both the circuit court and this court decide questions of law de novo. Id., 149 Wis. 2d at 118, 438 N.W.2d at 827. ¶3 We have reviewed the Commission s decision. We agree with the circuit court s conclusion that there is credible evidence to support the Commission s findings of fact. The circuit court s legal conclusions express our view of the law. Accordingly, we adopt the attached reasoning of the circuit court as our own and affirm. See WIS. CT. APP. IOP VI(5)(a) (Oct. 14, 2003) (court of appeals may adopt circuit court s opinion). By the Court. Order affirmed. This opinion will not be published. 809.23(1)(b)5. See WIS. STAT. RULE
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