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BUTLER v. ILHR DEPARTMENT

No. 167.

57 Wis.2d 190 (1973)

203 N.W.2d 687

BUTLER, Respondent, v. DEPARTMENT OF INDUSTRY, LABOR & HUMAN RELATIONS and others, Appellants.

Supreme Court of Wisconsin.

Decided January 30, 1973.

Attorney(s) appearing for the Case

For the appellant Department of Industry, Labor & Human Relations the cause was argued by James P. Altman, assistant attorney general, with whom on the brief was Robert W. Warren, attorney general.

For the appellants L & O Tile Company, Inc., and Employers Mutual Liability Insurance Company there was a brief by Hart, Wightman & Thurow and Walter D. Thurow, all of Madison, and oral argument by Walter D. Thurow.

For the respondent there was a brief and oral argument by Jack Aulik of Sun Prairie.

HANLEY, J.

The sole issue on this appeal is whether it was error for the circuit court to set aside the findings of fact and order of the department with directions on remand to evaluate the claimant's disability in terms of actual wage loss, based upon the extent of impairment of earning capacity.

The authority relied upon by both circuit courts in setting aside the findings and order to the department is the case of Wagner v. Industrial Commission

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