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KOHLER CO. v. ILHR

No. 76-024.

81 Wis.2d 11 (1977)

259 N.W.2d 695

KOHLER COMPANY, Appellant, v. DEPARTMENT OF INDUSTRY, LABOR & HUMAN RELATIONS, and another, Respondents.

Supreme Court of Wisconsin.

Decided November 30, 1977.

Attorney(s) appearing for the Case

For the appellant there was a brief and oral argument by Kenneth W. Conger of Kohler.

For the Department of Industry, Labor and Human Relations the cause was argued by Gordon Samuelsen, assistant attorney general, with whom on the brief was Bronson C. La Follette, attorney general.

For Gerhard Goedde there was a brief by Rabinovitz & Sonnenburg, and oral argument by David Rabinovitz of Sheboygan.

Brief amicus curiae for Wisconsin AFL-CIO was filed by Albert J. Goldberg, and Goldberg, Previant & Uelmen, S. C. of Milwaukee.

BEILFUSS, C. J.

Three issues are presented upon appeal:

(1) Was there credible evidence to support the finding of 100 percent total permanent disability?

(2) Should the test for review be changed from any credible evidence to substantial evidence in view of the entire record?

(3) Was the claim barred by the statute of limitations because of a dismissal of the 1960 application?

The claimant, Gerhard Goedde, started working for the appellant...

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