STATE OF WISCONSIN
LABOR AND INDUSTRY REVIEW COMMISSION
P O BOX 8126, MADISON, WI 53708-8126 (608/266-9850)

KAREN WRIGHT, Complainant

ST CROIX CARE CENTER INC, Respondent

FAIR EMPLOYMENT DECISION
ERD Case No. 9401656

An administrative law judge (ALJ) for the Equal Rights Division of the Department of Industry, Labor and Human Relations issued a decision in this matter. A timely petition for review was filed.

The commission has considered the petition and the positions of the parties, and it has reviewed the evidence submitted to the ALJ. Based on its review, the commission agrees with the decision of the ALJ, and it adopts the findings and conclusion in that decision as its own.

DECISION

The decision of the administrative law judge (copy attached) is affirmed.

Dated and mailed: March 7, 1996
wrighka.rsd : 125 : 9

Pamela I. Anderson, Chairman

Richard T. Kreul, Commissioner

David B. Falstad, Commissioner

MEMORANDUM OPINION

The complainant filed a complaint with the division alleging that her employment was terminated by the respondent, St. Croix Care Center, Inc., in violation of the Elder Abuse Reporting System statute, s.46.90, Stats.

At issue in this case is whether the protection outlined under s.46.90(4)(b)1, Stats., extends to reports of abuse or neglect to governmental agencies other than to the designated county agency as provided under the statute. The ALJ concluded that it did not for reasons clearly spelled out in his decision, and therefore dismissed the complainant's complaint as she had not made a report to the Pierce County Office on Aging Lead Elder Abuse Agency, the agency designated under s. 46.90, Stats., for the purpose of receiving reports of abuse or neglect of elderly persons. The commission agrees.

On appeal, the complainant makes the same arguments previously raised before the ALJ as support for her contention that s.46.90, Stats., also extends to other governmental agencies such as the Department of Health and Social Services and the Ombudsman for the Board on Aging and Long-Term Care. The commission, like the ALJ, also finds these arguments unpersuasive. The ALJ addresses these arguments satisfactorily and the commission sees no need to comment further on them.

cc:
PETER M. REINHARDT
JOHN M. LOOMIS

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