Byers v. LIRC

In Byers v. LIRC, 208 Wis. 2d 388, 394, 561 N.W.2d 678 (1997), the court examined whether Wis. Stat. 102.03(2), the exclusive remedy provision of the WCA, bars a claim brought under the Wisconsin Fair Employment Act. See Byers, 208 Wis. 2d 388 at 390-91, 561 N.W.2d 678. The court recognized that in some cases the courts give deference to the interpretation of the administrative agency because of the agency's expertise in the area. See id. at 394. "But although LIRC has experience in resolving questions about the exclusive remedy provision of the WCA, the courts also have significant experience with this subject matter. Therefore, we need not in this case defer to LIRC's expertise." Id.