THOMAS J. McSWEENEY 1423 SPAIGHT STREET, MADISON, WI 53703
Email: Office:(608) 255-0147 – Home: (608) 255-0147
Website:
EMPLOYMENT EXPERIENCE:
Administrative Law Judge for the Worker’s Compensation Division of the Wisconsin Department of Workforce Development (5/88 to 4/06). Duties included conducting evidentiary hearings on eligibility for worker’s compensation benefits and then issuing order and decisions.
Administrative Law Judge (referred to as Deputy Industrial Commissioner) for the Worker’s Compensation Division of the Iowa Department of Employment Services (12/84 to 5/88). Duties included conducting evidentiary hearings on eligibility for worker’s compensation benefits and then issuing orders and decisions.
Assistant County Attorney, Cerro Gordo County, Mason City, Iowa (1/83 to 12/84). Duties included felony and misdemeanor prosecutions, advising Board of Supervisors and civil litigation.
Assistant City Attorney, City of Des Moines, Iowa (4/81 to 7/82). Duties included appellate litigation, civil trial work, misdemeanor jury and nonjury trials, and advising the Municipal Airport, Public Library, Human Rights Commission and Right-of-Way Department.
Administrative Law Judge and Staff Attorney for the Iowa Department of Job Service (7/79 to 4/81) except from 10/79 to 12/79 when I worked for the Iowa Legislature drafting bills. Duties included appellate litigation, representation of the agency at the trial court level and conducting evidentiary hearings on eligibility for unemployment compensation benefits.
Law Clerk for the Judges of the Second Judicial District of Iowa (7/78 to 7/79). Duties included legal research and writing for Chief Judge Edward J. Flattery and other trial court judges.
EDUCATION AND BAR ADMISSIONS:
Law Degree from the University of North Dakota in 1976;
One semester toward M.B.A. at the University of Northern Iowa; and
B.A. degree from the University of Northern Iowa in 1972 with high honors.
Admitted to the practice of law in Iowa, North Dakota and Wisconsin.
PUBLICATIONS, SPEECHES AND ACTIVITIES:
Founder and initial Executive Director of the Wisconsin Association of Worker’s Compensation Attorneys, Inc. This Association currently has about 300 attorney members throughout the State of Wisconsin. Elected Chair of Board of Directors for calendar year 2004.
Elected President for a one-year term commencing on January 1, 2006.
Co-authored an article entitled Johnson & McSweeney, Unemployment Compensation in Iowa: A Primer for Practitioners, 32 Drake L. Rev. 575 (1982-83) (article is 126 pages in length with 1,151 footnotes).
Delivered a speech regarding the Odd-lot Doctrine in Wisconsin at the 27th Annual Wisconsin State Bar Seminar on worker’s compensation.
Delivered a speech regarding medical causation in 2001 at the 25th Annual Wisconsin State Bar Seminar on worker’s compensation and gave the same speech in 2001 to the State Medical Society of Wisconsin, Occupational Medicine Group.
Delivered a speech regarding Interlocutory Orders (Orders reserving jurisdiction for future claims) in 1994 at the 18th Annual Wisconsin State Bar Seminar on worker’s compensation.
Delivered a speech entitled the Odd-lot Doctrine and Its Application in Iowa at the Twenty-Fourth Annual Workers’ Compensation Symposium in June1986 in Des Moines, Iowa.
REPORTED APPELLATE LITIGATION; Represented Appellant in:
Cerro Gordo County Care v. Dept. of Job Service, 374 N.W.2d 673 (Iowa 1985). The appellant County obtained a reversal on a jurisdictional issue and the case was remanded to the Iowa District Court.
State v. Peterson, 347 N.W.2d 398, 48 A.L.R.4th 355 (Iowa 1984). The appellant State obtained a reversal in this civil habitual offender case by a 5-4 margin and the case was then annotated in the American Law Reports, Fourth Series in a 213 page Annotation.
Brown v. Johnston, 328 N.W.2d 510 (Iowa), cert.denied, 463 U.S. 1208, 103 S.Ct. 3540, 77 L.Ed.2d 1390 (1983). The trial court was affirmed in this First Amendment case involving the confidentiality of library circulation records. The Iowa Legislature then amended the Code of Iowa to legislatively overrule the Brown decision. This case is discussed at 69 Iowa Law Review 535 (1984).
Valdez v. City of Des Moines, 324 N.W.2d 475 (Iowa 1982). The appellant City obtained a reversal in this false arrest case.
Iowa Civil Rights Comm. v. City of Des Moines, 313 N.W.2d 491 (Iowa 1981). The trial court was affirmed in this case involving the enforceability of an agency subpoena seeking production of personnel records and medical records.
Ball v. Iowa Dept. of Job Service, 308 N.W.2d 54 (Iowa 1981). The appellant agency obtained a reversal on a jurisdictional question.
Cook v. Iowa Dept. of Job Service, 299 N.W.2d 698 (Iowa 1980) and Green v. Iowa Dept. of Job Service, 299 N.W.2d 651 (Iowa 1980). A partial reversal was obtained in Cook; Green was affirmed.
DECISIONS AS WORKER’S COMPENSATION JUDGE:
Bosco v. LIRC, 2004 WI 77, 267 Wis. 2d 293, 671 N.W.2d 331 affirming 2003 WI App 219, 267 Wis. 2d 293, 671 N.W.2d 331 (Ct. App. 2003)(Bad faith case).
Fry v. LIRC, 239 Wis. 2d 574, 620 N.W.2d 499 (Ct. App. 2000)(Death benefits case).
Jarrett v. LIRC, 233 Wis. 2d 174, 607 N.W.2d 326 (Ct. App. 2000)(Employee versus
independent contractor case).
Doering v. LIRC, 187 Wis. 2d 471, 523 N.W.2d 142 (Ct. App. 1994)(Coming and going
rule dispute case).
Ruff v. LIRC, 159 Wis. 2d 239, 464 N.W.2d 56 (Ct. App. 1990)(Extent of disability
dispute case).
D & C Exp., Inc. v. Sperry, 450 N.W.2d 842 (Iowa 1990)((Employee versus
independent contractor case).
Hainey v. Protein Blenders, Inc., 445 N.W.2d 398 (Iowa App. 1989)(Application of
the “odd-lot” doctrine case).
Morrison v. Century Engineering, 434 N.W.2d 874 (Iowa 1989)(Discovery dispute case).
Burgess v. Great Plains Bag Corp., 409 N.W.2d 676 (Iowa 1987)(Jurisdictional
dispute case).
TECHNOLOGY & COMPUTERS:
Created a web site found at for the WC Attorney Association, which was ultimately replaced by a new and improved web site found at
LOW TECH AND NO TECH:
Created a paper only training manual for all new WC ALJs, which is now included under Department Policies on the WAWCA website found at
1